Bryant v Best
Language: English Series: Estates Gazette ; 283(6348) 22 August 1987, 843-844(2)Publication details: 1987Subject(s): Summary: CA 9 February 1987 Appeal by the landlord from a cc decision suspending an order for possession upon payment of rent arrears and upon payment of the current rent. The short point of the appeal is whether the cc exceeded its jurisdiction in permitting the tenant in possession beyond a period of three months. Under Rent Act 1977 s106A(3) where a court makes a possession order for a dwelling house subject to a restricted contract, the giving up of possession cannot be postponed later than three months from the making of the order. There was no discretion in the case of a restricted contract to suspend possession beyond the total period of three months. CA held that the cc was wrong and the appeal must be allowed. There would be an order for possession which would take effect in 28 days in view of the lengthy period during which the tenant had been in possession since the date of the cc proceedings.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS38085 (Browse shelf(Opens below)) | 1 | Available | 8642-1001 |
CA 9 February 1987 Appeal by the landlord from a cc decision suspending an order for possession upon payment of rent arrears and upon payment of the current rent. The short point of the appeal is whether the cc exceeded its jurisdiction in permitting the tenant in possession beyond a period of three months. Under Rent Act 1977 s106A(3) where a court makes a possession order for a dwelling house subject to a restricted contract, the giving up of possession cannot be postponed later than three months from the making of the order. There was no discretion in the case of a restricted contract to suspend possession beyond the total period of three months. CA held that the cc was wrong and the appeal must be allowed. There would be an order for possession which would take effect in 28 days in view of the lengthy period during which the tenant had been in possession since the date of the cc proceedings.