Issuing possession warrants
Series: New Law Journal ; 151(7004) 19 October 2001, 1546-1550(2)Publication details: 2001Subject(s):- POSSESSION ORDERS
- WARRANTY FOR POSSESSION
- EVICTION
- ST BRICE AND ANOTHER V SOUTHWARK LBC
- HUMAN RIGHTS ACT 1998
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
- HOUSING ACT 1985
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
- PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS64704 (Browse shelf(Opens below)) | 1 | Available | 115431-1001 |
Considers whether the county court procedure for issuing possession warrants for land comply with the Human Rights Act 1998. Examines the recent case, "St Brice v Southwark LBC" in which the tenant argued that to comply with the European Convention on Human Rights (ECHR) Articles 6 and 8, the issue of the warrant of possession should have been a judicial rather than administrative act and he should have received formal notice. It was found that the procedure was not in breach of the ECHR and that seeking the eviction of the tenant was justified due to the level of rent arrears.