The council challenged a decision as to their claim for possession of a ground floor flat where the court granted a possession order but suspended possession on terms that the Respondent (1) complied with his tenancy agreement and (2) obeyed the Injunction Order made on that date. The appeal is as to the correctness of the decision to suspend the possession order.
Treacy LJ said: ‘The onus should be on the party who seeks to have the benefit of suspension of a possession order . . to provide cogent evidence to show that what can generally be characterised as anti-social behaviour will not recur, or will be unlikely to do so.’
Judges:
Mummery, Patten, Treacy LJJ
Citations:
[2012] EWCA Civ 1557, [2013] HLR 8
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Royal Borough of Greenwich v Tuitt CA 25-Nov-2014
The Defendant appealed against the order for possession made against her in respect of her secure tenancy of a flat, made on the grounds that her son, now 18 years old and living with her and her partner, had committed repeated acts of nuisance and . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 09 November 2022; Ref: scu.466406