Source: All England Reporter
Publisher Citation: [2002] All ER (D) 132 (Oct)
Court: Chancery Division
Judge:

Etherton J

Representation James Hanham (instructed by GSC Solicitors) for the claimant.
  Robin Green (instructed by Bar Pro Bono Unit) for the second defendant.
Judgment Dates: 10 October 2002

Catchwords

Landlord and tenant - Relief against forfeiture - Arrears of rent - District judge making order for possession of defendant's property - Application to set aside execution of warrant of possession on basis that issue and execution of warrant amounted to oppression - Whether judge entitled to find execution of warrant oppressive.

The Case

On an appeal by the claimant landlord against a decision of the judge that the execution of a warrant for possession of a property should be set aside on the grounds that the issue and execution of the warrant amounted to oppression of the defendant lessee of the property, the court ruled that, in all the circumstances of the case, the judge was entitled to exercise his discretion to set aside the execution of the warrant for possession.

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