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17 February 2017
Issue: 7734 / Categories: Case law , Judicial line , In Court
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Suspended order eviction

It is now established that the prior permission of the court is required for the issue of a warrant of possession when there has been a breach of a suspended order. Would the court be empowered to order the tenant’s reinstatement under a voidable warrant notwithstanding that the landlord had relet the premises?

The new tenancy would be valid and so, if granted in good faith, the original tenant would be restricted to damages for unlawful eviction. If the landlord has not yet relet, it would be prudent when issuing an application to set aside the voidable warrant and for re-entry to make an ex parte application for an injunction to forbid the landlord from reletting or allowing anyone else into possession.

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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