Haniff v Robinson
Haniff v Robinson
- 1992
- Estates Gazette 1992 45 EG 145-149(3) .
CA 9 June 1992. Raises the question of whether a landlord having obtained an order for possession is entitled to take posession of premises against a statutory tenant without the county court bailiff. Appeal by landlord Haniff (H) against a CC decision allowing tenant Robinson`s (R) counterclaim for damages for unlawful eviction under s27 of the Housing Act 1988 on the grounds that H had evicted R without the bailiff to execute the order for possession. Held that although once an order for possession is made the rights of a statutory tenant are curtailed (as defined by the Rent Act 1977 s2(1)(a), he/she is still entitled to the protection of s3 of the 1977 Act. Appeal dismissed.
COUNTY COURT BALIFF
ORDER FOR POSSESSION
RENT ACT 1977
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
STATUTORY TENANT
UNLAWFUL EVICTION
CA 9 June 1992. Raises the question of whether a landlord having obtained an order for possession is entitled to take posession of premises against a statutory tenant without the county court bailiff. Appeal by landlord Haniff (H) against a CC decision allowing tenant Robinson`s (R) counterclaim for damages for unlawful eviction under s27 of the Housing Act 1988 on the grounds that H had evicted R without the bailiff to execute the order for possession. Held that although once an order for possession is made the rights of a statutory tenant are curtailed (as defined by the Rent Act 1977 s2(1)(a), he/she is still entitled to the protection of s3 of the 1977 Act. Appeal dismissed.
COUNTY COURT BALIFF
ORDER FOR POSSESSION
RENT ACT 1977
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
STATUTORY TENANT
UNLAWFUL EVICTION