Discretionary grounds Appeals from the district judge against suspended orders London Borough of Ealing v Richardson [2005] EWCA Civ 1798 Facts This was a very bad case where the district judge nevertheless suspended the warrant for possession - for the ninth time in...

For the importance of the Disability Discrimination Act 1995 in anti-social behaviour cases click here. General principles Summary disposal of claim Birmingham City Council v Stephenson [2016] EWCA Civ 1029 Summary The Court of Appeal allowed an appeal against an...

Issue of warrant for possession First date warrant can be issued Tuohy v Bell [2002] EWCA Civ 423 A warrant cannot be issued before the date on which it is ordered that possession be given up. However, in this case, although the warrant was premature and therefore a...

Bankruptcy of the tenant and debt relief orders Do they prevent possession? Summary Although a money judgment cannot be made in respect of rent arrears after the tenant was declared bankrupt, or the subject of a Debt Relief Order, the making of a possession order on...

This page deals with two points: Orders in respect of neighbouring land. No power to suspend order for possession without consent of owner. Order in respect of neighbouring land Limit of possession orders - injunctions Secretary of State for the Environment Food &...

This page deals with the following points: Where premises are let partly for residential purposes and partly for business purposes, such as a lease of a shop with a flat above, does this section prevent forfeiture otherwise than by proceedings in court where the...

Homeless persons and possession claims London Borough of Tower Hamlets v Begum [2005] EWCA Civ 116 Summary A person with a statutory right to appeal against a decision and who has not done so in time cannot raise arguments appropriate to such an appeal in defence to a...