Wandsworth London Borough Council v Whibley: CA 14 Nov 2008

Appeal against possession order in respect of tenant with security under the 1985 Act who had twice been convicted of growing cannabis at the house, and was in arrears of rent.
Held: The council’s appeal against refusal of an order for summary possession. The Act gave the court the power to postpone an order for possession. The decision to fix a date for the portponment was to be made on the basis of bare assertion or denial by either party. Here the authority had not established that a breach of the postponed order had taken place.


Tuckey LJ, Sedley LJ, Lawrence Collins J


[2008] NPC 123, [2009] 1 P and CR DG9, [2008] EWCA Civ 1259


Bailii, Times


Housing Act 1985 85(2)


England and Wales


Updated: 19 July 2022; Ref: scu.277863