The editors of this section are members of Tanfield Chambers; this article is contributed by Will Beetson, Barrister (WBeetson@TanfieldChambers.co.uk) Validity of Notices Section 8 Notices and Prescribed Information Cooke v Northwood (Solihull) Ltd [2022] EWCA Civ...
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...
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...
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,...
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...
Suspending warrants
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...
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...
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...
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...
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 &...