Source: All England Reporter
Publisher Citation: [2015] All ER (D) 109 (Apr)
Neutral Citation: [2015] EWHC 843 (QB)
Court: Queen's Bench Division

Cranston J

Representation Ivan Cartwright (instructed by City of Lincoln Council Legal Department for the claimant.
  Georgina Cursham (instructed by Quality Solicitors, Burton & Co.) for the respondent.
Judgment Dates: 9 April 2015


Housing - Local authority - Possession - Reasonableness - Defendant residing in local authority property - Local authority seeking possession order - Possession order being refused as unreasonable - Local authority appealing - Whether appeal should be allowed - .

The Case

Housing Local authority. The local authority was refused a possession order in relation to a property let to the defendant, and appealed. The Queen's Bench Division allowed the appeal on the basis that the judge had not addressed the requisite statutory factors when deciding that it was not reasonable to make an order for possession under of the Housing Act 1985.

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