Misha Nayak-Oliver prevents family of four from losing their home

29 August 2025

The Judge at the Manchester Civil Justice Centre (pictured) decided not to make a possession order following Misha Nayak-Oliver's submissions. Credit: Marmalade Photos / Shutterstock.

The Judge at the Manchester Civil Justice Centre (pictured) decided not to make a possession order following Misha Nayak-Oliver’s submissions. Credit: Marmalade Photos / Shutterstock.

 

Garden Court North’s Misha Nayak-Oliver prevented a family of four from losing their home in a hearing at the Manchester Civil Justice Centre.

Instructed by Helen Schilizzi of Greater Manchester Law Centre, Misha represented the Defendant (‘Mr A’) who faced eviction under section 21 of the Housing Act 1988.

Mr A lives with his wife and their two children, one of whom is disabled. Mr A is his son’s full-time carer, and is not in formal employment. The family relies on benefits. Should the court have awarded a possession order, the family would be dependent on homelessness assistance from the local authority and would struggle to cope in homeless temporary accommodation, in particular, due to their son’s disability related needs.

Misha and Helen worked closely to gather the required evidence from Mr A to defend possession proceedings. On the day of the hearing, the Claimant offered settlement involving vacant possession, which Misha and Helen refused based on their knowledge of homelessness and housing – and given that Mr A’s family had nowhere else to live.

At the hearing, Misha made detailed submissions explaining that the Claimant had required payments in consideration of the grant or continuation of the tenancy: such payments are prohibited under section 1 of the Tenant Fees Act 2019. Section 17 of that Act prohibits the service of a section 21 Notice where prohibited payments have been paid and not returned to the tenant. Misha relied on the Court of Appeal case of Martyna Switaj v Adrian McClenaghan [2024] EWCA Civ 1457.

The Judge noted the submissions and did not make a possession order. After the hearing, the Claimant decided to discontinue the claim. Mr A reported that he was happy with the outcome.

 

During her pupillage at Garden Court North, Misha has worked extensively alongside the housing and homelessness team.

 

For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk

Chambers news

Chambers news

Garden Court North co-hosts INQUEST Northern Conference and Quiz

Garden Court North's Anna Morris KC, Kate Stone and Pete Weatherby all delivered key sessions during the Northern Conference in Manchester Hall.

Chambers news

Trafford Council’s tax reduction scheme quashed following High Court legal challenge

Two women have today won their judicial review against Trafford Council's unlawful tax reduction scheme in the High Court.

Chambers news

Court of Appeal gives mothers permission to appeal High Court decision on two-child limit ‘rape clause’

The Court of Appeal has granted permission to appeal a High Court decision on the exceptions to the 'two-child limit' in universal credit.

Chambers news

A Duty of Candour, Duty to Assist, and Legal Funding for Bereaved Families: Hillsborough Law to be presented in Parliament

Nearly nine years after it was first read in Parliament, the Government is today presenting a Bill fit to be called a ‘Hillsborough Law'.

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up