R v Newcastle upon Tyne County Court, ex parte Thompson
R v Newcastle upon Tyne County Court, ex parte Thompson
- 1988
- Estates Gazette (8826) 2 July 1988, 112-118(4) .
QBD 15 March 1988. Application by tenant (T) for judicial review, seeking an order of certiorari to quash the District Registrar`s order for possession of a flat occupied by T. The landlord (D) had claimed possession on the ground that the flat was reasonably required for occupation as a residence by himself and his family within the Rent Act 1977 Schedule 15 Case 9 . Both parties agreed to the making of an order in the cc, but T subsequently changed her mind and applied for judicial review of the order on the ground that the court had no jurisdiction to make it. Before the order could be made, the following conditions had to be satisfied: 1) under s98(1) of the Act the court must consider it reasonable to make an order and 2) under Case 9 it must be shown that D reasonably required the flat, or that D would suffer the greater hardship if he was not granted possession. QBD considered a number of decisions concerning the court`s jurisdiction to make a consent order. QBD concluded that
QBD 15 March 1988. Application by tenant (T) for judicial review, seeking an order of certiorari to quash the District Registrar`s order for possession of a flat occupied by T. The landlord (D) had claimed possession on the ground that the flat was reasonably required for occupation as a residence by himself and his family within the Rent Act 1977 Schedule 15 Case 9 . Both parties agreed to the making of an order in the cc, but T subsequently changed her mind and applied for judicial review of the order on the ground that the court had no jurisdiction to make it. Before the order could be made, the following conditions had to be satisfied: 1) under s98(1) of the Act the court must consider it reasonable to make an order and 2) under Case 9 it must be shown that D reasonably required the flat, or that D would suffer the greater hardship if he was not granted possession. QBD considered a number of decisions concerning the court`s jurisdiction to make a consent order. QBD concluded that