The online resource for UK Property Law

Possession claims

These pages deal with various matters that are particularly relevant to possession claims. See the contents column on the left.

Appeals

Possession orders Summary hearing - raising new points on appeal Notting Hill Finance Limited v Sheikh [2019] EWCA Civ 1337 Summary The Court of Appeal considered the circumstances in which a point not raised during a summary possession hearing could be raised for the...

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Cause of action estoppel

Earlier possession order Was a secure tenancy - now assured Salix Homes v Mantato [2019] EWCA Civ 445 Summary A landlord was not prevented by cause of action estoppel from obtaining a possession order in respect of a property it already had a possession order in...

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Public Sector Equality Duty

Introduction The Public Sector Equality Duty (PSED) contained in s149 of the Equality Act 2010 is in the following terms: (1) A public authority must, in the exercise of its functions, have due regard to the need to- (a) eliminate discrimination, harassment,...

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Weaver

Registered providers of social housing Is this landlord a public body / carrying out a public function? London & Quadrant Housing Trust v Weaver [2009] EWCA Civ 587 Summary The High Court held that the claimant, a registered social landlord, was a public authority...

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Discrimination defences

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...

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Warrants

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...

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Bankruptcy

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...

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Trespassers

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 &...

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Protection from Eviction Act

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...

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Setting aside orders and warrants

This page has information relating to the setting aside of possession orders and warrants for possession. General principles for setting aside Setting aside order made on first hearing date London Borough of Hackney v Findlay [2011] EWCA 8 The issue There has been...

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