header-logo header-logo

07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
printer mail-detail

Going and staying

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll