A tenant was evicted while absent from the premises for some months through illness and who, following her breach of the suspended possession order, received no notice whatever either of the council’s application for a warrant, or of the issue of the warrant and the date of its proposed execution.
Held: Leggatt LJ said: ‘In my judgment, even though Miss Aldwinckle was not expecting execution to be levied against her possessions, the use of available process does not of itself constitute abuse nor amount to oppression; and the court would be interfering unjustifiably with the existing policy of Parliament were it to introduce its own requirements as to additional conditions that have to be satisfied before execution may issue.’ and
‘after a warrant for possession has been executed in this class of case it can only be suspended or set aside if either (1) the order on which it is issued is itself set aside; (2) the warrant has been obtained by fraud; or (3) there has been an abuse of process or oppression in its execution.’
Judges:
Leggatt, Neill and Stocker LJJ
Citations:
[1991] 24 HLR 40
Jurisdiction:
England and Wales
Citing:
Cited – Beale v MacGregor 1886
The court has an inherent power to prevent the abuse of proceedings and to avoid oppression. . .
Cited by:
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 . .
Distinguished – Mayor and Burgesses of London Borough of Barking and Dagenham v Saint CA 21-Aug-1998
The council requested a warrant for possession be issued on the basis of certified arrears of pounds 333 when they were in breach of their statutory duty to assist the tenant in his claim for housing benefit and save for pounds 28, were relying on . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 08 April 2022; Ref: scu.187046
