Lambeth LBC v Henry
Lambeth LBC v Henry
- 2000
- Estates Gazette (2000) 06 EG 169-171(3) .
CA 25 November 1999. In 1990 the respondent (L) obtained a possession order against the tenant (H) for rent arrears which was suspended as long as H paid the arrears, mesne profits and costs by instalment. H did not attend the hearing or lodge an appeal. In 1998, when the arrears were about £3,600 L applied to enforce the possession order and H appealed to set aside the possession order. L's application to issue the warrant was refused by the CC as was H's application. In her appeal H argued than an unenforceable order should not continue, that the length of time over which the condition set by the suspended order would last was too long. "Shocked v Goldschmidt 1998" was considered. The Housing Act 1985 s85 allows for the possession order to be suspended. Appeal dismissed.
LAMBETH LBC V HENRY
POSSESSION ORDER
RENT ARREARS
HOUSING ACT 1985 S85
CA 25 November 1999. In 1990 the respondent (L) obtained a possession order against the tenant (H) for rent arrears which was suspended as long as H paid the arrears, mesne profits and costs by instalment. H did not attend the hearing or lodge an appeal. In 1998, when the arrears were about £3,600 L applied to enforce the possession order and H appealed to set aside the possession order. L's application to issue the warrant was refused by the CC as was H's application. In her appeal H argued than an unenforceable order should not continue, that the length of time over which the condition set by the suspended order would last was too long. "Shocked v Goldschmidt 1998" was considered. The Housing Act 1985 s85 allows for the possession order to be suspended. Appeal dismissed.
LAMBETH LBC V HENRY
POSSESSION ORDER
RENT ARREARS
HOUSING ACT 1985 S85