The applicant had defended an action for possession for arrears of rent, and counterclaimed for damages for failure to repair. A compromise was put to the court, and the court took that as consent and made a possession order. The tenant appealed.
Held: The court had not had jurisdiction to make the possession order and the appeal succeeded. To make a possession order, the statutory requirements had to be fulfilled, and the compromise agreement could not be read as an admission of the arrears as necessary under the Act. There had been no finding or judgement or express or implied admission, and the decision could not stand.
Lord Justice Ward, Lord Justice Clarke and Sir Martin Nourse
Times 17-Jul-2002, Gazette 05-Sep-2002,  EWCA Civ 1340,  49 EG 126,  EGLR 42
England and Wales
At Court of Appeal – Gil v Baygreen Properties Limited (In Liquidation) and Others ChD 19-Aug-2004
Cited – G v E and Others CA 16-Jul-2010
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 06 June 2022; Ref: scu.174373