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Possession orders

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Possession orders

This page deals with a number of matters that are relevant to claims for possession based upon anti-social behaviour:
  • Adjourning the claim on an undertaking.
  • Ground 14.
  • The use of hearsay evidence in possession claims.
  • Suspended or outright possession order - what order should the court make? Lots of cases!

Claim adjourned on undertaking

Hastoe Housing Association Ltd v Ellis
[2007] EWCA 1238

The housing association brought possession proceedings based on the tenant's nuisance. There were negotiations which resulted in the parties asking the court to make an order in which the defendant gave an undertaking in relation to the nuisance and which continued as follows:
    "And the Court accepted her undertaking ... the Court ordered that the undertaking will remain in force until 4:00pm on 17 May 2009 or further order and that the possession proceedings be adjourned generally with liberty to restore and if not restored by 18 May 2009 will be struck out".
The trial judge refused to make an order sought failing to appreciate that the adjournment sought was pursuant to a compromise of the action rather than a simple adjournment of the trial for two years! The Court of Appeal held that the judge should have made the order which was a perfectly proper order to make and which was permitted by the terms of s 9 of the Housing Act 1988, the relevant parts of which provide as follows:
    "(1) Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy."

Ground 14

Conviction of offence - committed prior to tenancy

Raglan Housing Association Ltd v Fairclough
[2007] EWCA Civ 1087.

Ground 14

Ground 14(b)(ii)of Schedule 2 to the Housing Act 1988 provides a discretionary ground upon which the court may order possession against an assured tenant if the tenant (or a person residing in or visiting the dwelling-house) has been convicted of "an indictable offence committed in, or in the locality of, the dwelling-house". The Court of Appeal held that a possession order can be made on this Ground even where the offence was committed prior to the commencement of his tenancy.


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