Possession order
Possession order
- 2002
- Estates Gazette Case Summaries [2002] 32 EG 87 (CS) .
CA 31 July 2002. "Dunn and another v Bradford Metropolitan District Council; Marston and another v Leeds City Council". These two joined cases both saw the councils (B) as landlords let the propeties to the tenants (D) under secure tenancies. D applied to the court for possession orders under the Housing Act 1985 and these were granted. D sought to hold B responsible for an alleged failure to keep the properties in repair during the whole of the tenant's occupancy. D relied upon their covenants under the former tenancies and sought to establish if those tenancies had continued throughout their occupancy. D applied to postpone possession dates set out in the possession orders. In the first case the judge decided that there was no power to postpone the date of possession but the judge in the second case reached the opposite conclusion. The two losing parties appealed and the first appeal was dismissed while the second was allowed.
POSSESSION ORDER
HOUSING ACT 1985
SECURE TENANCY
REPAIR AND MAINTENANCE
SUPPLY OF GOODS AND SERVICES ACT 1982
DEFECTIVE PREMISES ACT 1972
CA 31 July 2002. "Dunn and another v Bradford Metropolitan District Council; Marston and another v Leeds City Council". These two joined cases both saw the councils (B) as landlords let the propeties to the tenants (D) under secure tenancies. D applied to the court for possession orders under the Housing Act 1985 and these were granted. D sought to hold B responsible for an alleged failure to keep the properties in repair during the whole of the tenant's occupancy. D relied upon their covenants under the former tenancies and sought to establish if those tenancies had continued throughout their occupancy. D applied to postpone possession dates set out in the possession orders. In the first case the judge decided that there was no power to postpone the date of possession but the judge in the second case reached the opposite conclusion. The two losing parties appealed and the first appeal was dismissed while the second was allowed.
POSSESSION ORDER
HOUSING ACT 1985
SECURE TENANCY
REPAIR AND MAINTENANCE
SUPPLY OF GOODS AND SERVICES ACT 1982
DEFECTIVE PREMISES ACT 1972