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.

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