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Orders for possession

This page deals with the following topics
  • Adjourned orders
  • Consent orders
  • Effect of order on homelessness application
  • Suspended orders
  • Postponed orders - should they still be made in assured tenancy cases now that the HL has said that the tenancy comes to an end only when the order is executed?
  • Injunctions and possession orders
  • Second possession orders

"Adjourned orders"

Anti-social behaviour - 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."

Consent orders

Baygreen Properties Ltd v Gil
[2002] EWCA Civ 1340

The court may only make an order by consent where there is an express or implied admission by T of the grounds relied upon by L. The best method of ensuring that the consent order is valid is to set out the admissions in the order. The judge at the hearing did not hear any evidence and failed to ask the tenant whether or not she admitted the arrears claimed. The consent order was set aside.
    "The crucial point is that, in order for the court to have jurisdiction in a cas ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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