header-logo header-logo

17 February 2017
Issue: 7734 / Categories: Case law , Judicial line , In Court
printer mail-detail

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.

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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
back-to-top-scroll