Warrants of possession – fresh grounds and Equality Act defences – Nearly Legal

Posted September 26th, 2019 in landlord & tenant, news, rent, repossession, warrants by tracey

‘Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the allegations of ASB, even if the court would be minded to stay the warrant on the arrears. This was the approach in Sheffield City Council v Hopkins (2001) EWCA Civ 1023, which suggested a summary approach to fact finding in such cases.’

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Nearly Legal, 22nd September 2019

Source: nearlylegal.co.uk