The context in which the court is willing in a rare, but appropriate, case to intervene to nullify the execution of a warrant for possession goes back to the principles set out in McHenry v Lewis.
Judges:
Brooke LJ
Citations:
[1997] 29 HLR 845, [1997] EWCA Civ 901
Links:
Jurisdiction:
England and Wales
Citing:
Cited – McHenry v Lewis 1888
Bowen LJ said: ‘I would much rather rest on the general principle that the Court can and will interfere whenever there is a vexation and oppression to prevent the administration of justice being perverted for an unjust end. I would rather do that . .
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 . .
Approved – 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 . .
Cited – Ellis v Circle 33 Housing Trust Ltd CA 23-Sep-2005
The housing association obtained a possession order for rent arrears. The tenant had not attended, and had taken no steps in the matter. The association had corresponded with the housing benefit department of the local authority which had said that . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 05 November 2022; Ref: scu.141297