A possession order was granted against a secure tenant by the court for arrears of rent. The tenant then applied to suspend the order, and the landlord opposed that application wishing to put before the court additional allegations.
Held: Provided the tenant had been served with satisfactory notice of the matters upon which the landlord wished to rely, the court could hear and allow for such elements, particularly where they related to actions of the tenant after the date of the possession order.
Judges:
Lord Woolf CJ
Citations:
Gazette 05-Jul-2001, Times 23-Jul-2001, [2001] EWCA Civ 1023, [2002] HLR 12
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – Sheffield City Council v Hopkins CA 28-Mar-2001
. .
Cited by:
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: 27 June 2022; Ref: scu.218267