Fleet Mortgage and Investment Company Limited v Lower Maisonette: 1972

Natural justice required the High Court Rules to be construed as requiring the tenant to be given notice of the landlord’s application for leave to issue a writ of execution following an alleged breach of a conditional possession order.

Citations:

[1972] 1 WLR 765

Jurisdiction:

England and Wales

Cited by:

CitedJephson Homes Housing Association v Moisejevs and Another CA 1-Nov-2000
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She . .
CitedPritchard and Others v Teitelbaum and Others ChD 20-Apr-2011
The claimants sought orders allowing them to re-enter the tenanted properties after eviction in order to allow them recover their possessions left behind. Proceedings for recovery of possession had continued over several years.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Natural Justice

Updated: 12 May 2022; Ref: scu.187052