The landlord had obtained an order for possession based upon the secure tenant’s failure to pay rent. The order had been suspended. The tenant again fell into arrears, and the landlord chose to issue new proceedings rather than revive the old.
Held: The landlord had that choice. The original order had ceased to be enforceable, and the landlord would not have been able to seek possession under it since 2004. The claim was as freeholder; the secure tenancy was not capable of being revived, and no other tenancy had arisen by virtue of the conduct of the parties.
Judges:
Chadwick LJ, Lloyd LJ, Stanley Burnton J
Citations:
Times 25-Apr-2007, [2007] EWCA Civ 326
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Swindon Borough Council v Aston CA 19-Dec-2002
The tenant had fallen into arrears, and a possession order had been made. Having cleared the arrears, the possession order fell, but the landlord purported to issue a new tenancy agreement, with no security of tenure. They now sought possession . .
Lists of cited by and citing cases may be incomplete.
Housing, Litigation Practice
Updated: 12 November 2022; Ref: scu.251403