Source: All England Reporter
Publisher Citation: [2012] All ER (D) 27 (May)
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt, Hughes and McFarlane LJJ (judgment delivered extempore)
Representation Annette Cafferkey (instructed by Barking and Dagenham Borough of London) for the claimant.
  Edward Fitzpatrick (instructed by Sternberg Reed) for the defendant.
Judgment Dates: 2 May 2012

Catchwords

Landlord and tenant - Possession - Possession order for causing nuisance or anti-social behavior - Local authority seeking immediate possession order - Tenant's son committing illegal acts and anti-social behavior - Tenant seeking suspension of possession order - Tenant putting forward package of options to ensure son not attending property - Judge granting immediate possession order - Tenant submitting judge failing to consider package of proposals advanced - Whether judge erring.

The Case

Landlord and tenant Possession. The Court of Appeal, Civil Division, upheld the making of an immediate possession order where the trial judge had found that the anti-social behaviour of the tenant's son had been unlikely to cease, and accordingly it had not been appropriate to suspend possession.

Practice Areas

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