The claimants sought orders allowing them to re-enter the tenanted properties after eviction in order to allow them recover their possessions left behind. Proceedings for recovery of possession had continued over several years.
Held: The landlords had said that they required possession on the day, they had not informed the applicant that a possession warrant had been obtained and was to be executed, but ‘there is simply no requirement in any High Court rule or in the forms for the writ of possession that notice needs to be given to the persons against whom the order for possession will be executed.’
Judges:
Morgan J
Citations:
[2011] EWHC 1063 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Forcelux Ltd v Binnie CA 21-Oct-2009
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr . .
Cited – London Borough of Hackney v Findlay CA 20-Jan-2011
An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision . .
Cited – Greater London Council v Jenkins 1975
A landlord is entitled to use the summary proceedings under Order 113 if he can demonstrate his right to do so, and the court has no discretion to deny such use merely on the grounds that the proceedings are rapid and summary and that the defendants . .
Cited – Aglionby v Cohen 1955
A freeholder with an order for possession is entitled to enforce that order in its favour without issuing and enforcing a writ of possession. . .
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 . .
Cited – McPhail v Persons, Names Unknown CA 1973
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
Cited – Fleet Mortgage and Investment Company Limited v Lower Maisonette 1972
Natural justice required the High Court Rules to be construed as requiring the tenant to be given notice of the landlord’s application for leave to issue a writ of execution following an alleged breach of a conditional possession order. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 25 July 2022; Ref: scu.434885