Source: All England Reporter
Publisher Citation: [2002] All ER (D) 479 (Jul)
Neutral Citation: [2002] EWCA Civ 1137
Court: Court of Appeal, Civil Division
Judge:

Waller, Chadwick and Hale LJJ

Representation Jan Luba QC and Jonathan Carroll (instructed by Davies Gore Lomax, Leeds) for the first tenants.
  Christopher Dodd and Anesh Pema (instructed by Gerry Danby) for the first local authority.
  Alexander Offer and Bryan Cox (instructed by Davies Gore Lomax, Leeds) for the second tenants.
  Christopher Dodd and Anesh Pema (instructed by Nicole Jackson) for the second local authority.
Judgment Dates: 31 July 2002

Catchwords

Housing - Local authority houses - Possession - Secure tenancy - Local authorities obtaining possession orders against tenants - Tenants giving up possession without execution of warrant of possession - Applications to postpone date for possession - Former tenants bringing action for damages for disrepair - Whether power to postpone date for possession on application made after possession given up - Whether local authorities' obligation to repair enforceable in respect of whole period tenants remaining in possession - s 85(2)(b).

The Case

On the proper construction of s85(2) of the the court had no power to postpone the date of possession under a previous order for possession in circumstances where possession had been given up by the tenant without the need for execution of the order.

Practice Areas

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