North British Housing Association Ltd v Matthews and related appeals; London and Quadrant Housing Ltd v Morgan
Language: English Series: Estates Gazette ; [2005] 02 EG 101(CS)(1) | Weekly Law Reports ; [2005] 1 WLR 3133-3157(25)Publication details: 2005Subject(s): Online resources: Summary: [2004] EWCA Civ 1736, 21 December 2004. Discusses whether an adjournment can be granted after a mandatory ground for possession has been fulfilled. N brought possession proceedings against appellant tenants M, whose rent arrears had extended beyond eight weeks at the date notice was served and the date of the hearing, thereby fulfilling the mandatory ground for possession in the Housing Act 1988 Sched 2 Part I Ground 8. M applied for a hearing adjournment because maladministration by the local authority in paying their housing benefit had caused their inability to address the arrears in time. The adjournment was refused as subsection 6 of s9(1) disapplied the adjournment provision in s9 of the Act in those cases where the court was satisfied that the landlord was entitled to possession on any of the grounds in Sched 2 Part I including Ground 8. "Held": appeals dismissed. Once the court had expressed the conclusion that it was satisfied that the landlord was entitled to possession there was no power to grant an adjournment in any circumstances. The power to adjourn should not be exercised for the purpose of allowing a tenant to reduce arrears below the Ground 8 threshold save in exceptional circumstances. Arrears attributable to local authority maladminstration did not meet this criterion.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68751 (Browse shelf(Opens below)) | 1 | Available | 128818-1001 |
[2004] EWCA Civ 1736, 21 December 2004. Discusses whether an adjournment can be granted after a mandatory ground for possession has been fulfilled. N brought possession proceedings against appellant tenants M, whose rent arrears had extended beyond eight weeks at the date notice was served and the date of the hearing, thereby fulfilling the mandatory ground for possession in the Housing Act 1988 Sched 2 Part I Ground 8. M applied for a hearing adjournment because maladministration by the local authority in paying their housing benefit had caused their inability to address the arrears in time. The adjournment was refused as subsection 6 of s9(1) disapplied the adjournment provision in s9 of the Act in those cases where the court was satisfied that the landlord was entitled to possession on any of the grounds in Sched 2 Part I including Ground 8. "Held": appeals dismissed. Once the court had expressed the conclusion that it was satisfied that the landlord was entitled to possession there was no power to grant an adjournment in any circumstances. The power to adjourn should not be exercised for the purpose of allowing a tenant to reduce arrears below the Ground 8 threshold save in exceptional circumstances. Arrears attributable to local authority maladminstration did not meet this criterion.