The court was concerned with the ‘secure’ tenancy regime and the proper approach to the 1985 Act. The court took a ‘purposive approach’ in considering whether to allow the making of an amendment to a conditional possession order on the basis of new facts relating to the illegal activities of the tenant. The alternative would have been to compel the service of a new notice and the commencement of new proceedings without advantage or disadvantage to either party.
Citations:
[2002] EWCA Civ 1998, [2003] HLR 41
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis CA 9-Apr-2003
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings.
Held: The transfer moved . .
Cited – Bristol City Council v Hassan and Glastonbury CA 23-May-2006
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 08 May 2022; Ref: scu.181349