Can the court make a suspended order for possession of a dwelling by consent...
Can the court make a suspended order for possession of a dwelling by consent when a mandatory ground has been relied on by the landlord? If so, is there any restriction on the period for which a warrant of possession may subsequently be suspended?
The answer depends on the correct interpretation of s 9(2) and (6) of the Housing Act 1988. It may well be that the original order can be suspended by consent and remains valid until amended or varied on appeal in which event it will be deemed to have been made on a discretionary ground (the court being presumed to have acted lawfully) with the result that the court has a discretionary power to suspend the warrant. An alternative approach at the outset would be for a mandatory outright order to be made against an agreed undertaking by the landlord not to enforce on terms which could give rise to a contract claim by the tenant if breached.
