(Romford County Court) ‘A judge who adjourns the hearing of a ground 8 possession claim solely in order to allow a defendant an opportunity to defeat that claim, whether by extracting payment from the housing benefit authority or from any other source, is choosing not to apply the law in force at the date of the hearing on the basis that he considers it to be lacking in justice. This is simply not a proper exercise of judicial discretion. It is an interference with the statutory scheme which gives rights to both landlords and tenants. If the scheme gives rise to injustice it is for Parliament and not for the court to address that issue.’
Judges:
Platt J
Citations:
Unreported, 8 September 2003
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 24 November 2022; Ref: scu.221438