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17 May 2007
Issue: 7273 / Categories: Case law , Law digest
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Landlord and Tenant

Knowsley Housing Trust v White [2007] EWCA Civ 404, [2007] All ER (D) 38 (May)

A periodic assured tenancy does not come to an end only upon actual delivery up of possession. The answer to when the tenancy came to an end has to be found in the construction of the order made by the court. That is particularly so where the court exercised its wide powers under s 9(2) to (4) of the Housing Act 1988 to suspend execution or postpone the date of possession. Where the order is not suspended or postponed, either on its making or at a time before execution, the order for immediate possession terminates the tenancy.

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