The tenant sought to set aside a warrant for possession after it had been executed.
Held: The tenant would have succeeded in setting aside the execution of the possession warrant but for her delay in applying to the court and the fact that by then the premises had been demolished. The basis of her case was described as ‘maladministration’, ‘… the enforcement of the execution of this warrant was a use of an order made by the county court in a way which was manifestly unfair.’
Judges:
Roch LJ
Citations:
[1999] EWCA Civ 1880
Links:
Jurisdiction:
England and Wales
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 . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 31 May 2022; Ref: scu.146795