An unconditional order for possession was made against a statutory tenant under the Rent Acts, and execution of the order was then suspended by the court from time to time pursuant to powers contained in s 5(2). The court distinguished between an absolute but suspended possession order and a conditional order.
Judges:
Somervell LJ
Citations:
[1950] 2 All ER 1186, [1951] 1 KB 400
Statutes:
Increase of Rent and Mortgage Interest (Restrictions) Act 1920 5(2)
Jurisdiction:
England and Wales
Cited by:
Cited – Bristol City Council v Hassan and Glastonbury CA 23-May-2006
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Cited – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.
Housing, Litigation Practice
Updated: 11 June 2022; Ref: scu.242155