A possession warrant issued under a secure tenancy of a dwelling-house may not be set aside after its execution, unless the possession order itself was set aside for example as having been obtained by fraud. If a possession order has been made, there was no need to notify the tenant that the warrant was issued on a further breach.
Ind Summary 02-May-1994, Gazette 08-Jun-1994, Times 25-Apr-1994,  27 HLR 368
Housing Act 1985 85(2), County Court Rules Ord 37 8(1)
England and Wales
- Cited – Jephson 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 . .
Times 02-Jan-01,  EWCA Civ 271,  23 EGLR 14,  41 EG 186,  2 All ER 901
- Cited – Chater v Mortgage Agency Services Number Two Ltd CA 3-Apr-2003
The plaintiff mortgagee had had his warrant for possession executed. He now appealed against an order re-instating the mortgagor to possession.
Held: The wife had been unaware of the charge, and had not been made party to the proceedings. . .
 EWCA Civ 490
These lists may be incomplete.
Updated: 07 December 2020; Ref: scu.81203