St Brice and another v Southwark LBC
St Brice and another v Southwark LBC
- 2002
- Property, Planning and Compensation Reports [2002] 1P&CR 358-370(7) .
CA 17 July 2001. Appeal by the tenant (B) from a decision dismissing B's application to set aside a warrant of possession issued by Lambeth County Court for 31 January 2001. B had held a secure residential tenancy from the respondent council. In 1997 the council obtained a suspended possession order in relation to the premises on the grounds of arrears of rent. B failed to comply with the terms and in 2000 a warrant of execution was issued. B failed to respond to the warrant until after his eviction, when on the day of eviction he applied to re-enter the premises. The judge dismissed B's application. B appealed, claiming that to comply with the European Convention the decision to issue the warrant should have been taken by a judge, after notice to the tenant and with the benefit of representations the tenant might choose. "Held" the appeal was dismissed and there was no breach of Article 6 of the European Convention.
ST BRICE AND ANOTHER V SOUTHWARK LBC
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
SECURE TENANCIES
RENT ARREARS
HOUSING ACT 1985
POSSESSION ORDERS
CA 17 July 2001. Appeal by the tenant (B) from a decision dismissing B's application to set aside a warrant of possession issued by Lambeth County Court for 31 January 2001. B had held a secure residential tenancy from the respondent council. In 1997 the council obtained a suspended possession order in relation to the premises on the grounds of arrears of rent. B failed to comply with the terms and in 2000 a warrant of execution was issued. B failed to respond to the warrant until after his eviction, when on the day of eviction he applied to re-enter the premises. The judge dismissed B's application. B appealed, claiming that to comply with the European Convention the decision to issue the warrant should have been taken by a judge, after notice to the tenant and with the benefit of representations the tenant might choose. "Held" the appeal was dismissed and there was no breach of Article 6 of the European Convention.
ST BRICE AND ANOTHER V SOUTHWARK LBC
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
SECURE TENANCIES
RENT ARREARS
HOUSING ACT 1985
POSSESSION ORDERS