Staying eviction
Henderson, A.
Staying eviction - 2001 - Solicitors' Journal 145(33) 7 September 2001, 792-793(2) .
Considers the law governing the suspension of the execution of warrants for the possession of residential premises. Discusses two recent decisions by the CA - "Sheffield City Council v Hopkins" and "St Brice v Southwark LBC", which represent a welcome addition to the law, particularly in the light of the introduction of the Civil Procedure Rules and the Human Rights Act 1998. The tenor of both cases is to encourage flexibility. It appears that once a possession order is ready for enforcement then enforcement can go ahead without a further hearing, and the landlord can make further allegations as to why the tenant should leave the property.
WARRANTY FOR POSSESSION
SUSPENSION
CIVIL PROCEDURE RULES
HUMAN RIGHTS ACT 1998
SHEFFIELD CC V HOPKINS
ST BRICE AND ANOTHER V SOUTHWARK LBC
EVICTION
Staying eviction - 2001 - Solicitors' Journal 145(33) 7 September 2001, 792-793(2) .
Considers the law governing the suspension of the execution of warrants for the possession of residential premises. Discusses two recent decisions by the CA - "Sheffield City Council v Hopkins" and "St Brice v Southwark LBC", which represent a welcome addition to the law, particularly in the light of the introduction of the Civil Procedure Rules and the Human Rights Act 1998. The tenor of both cases is to encourage flexibility. It appears that once a possession order is ready for enforcement then enforcement can go ahead without a further hearing, and the landlord can make further allegations as to why the tenant should leave the property.
WARRANTY FOR POSSESSION
SUSPENSION
CIVIL PROCEDURE RULES
HUMAN RIGHTS ACT 1998
SHEFFIELD CC V HOPKINS
ST BRICE AND ANOTHER V SOUTHWARK LBC
EVICTION