Down to the ground
Murdoch, S.
Down to the ground - Estates Gazette (0504) 29 January 2005, 165(1) .
Considers the importance of the grounds of possession, especially those relating to non-payment of rent by tenants who benefit from assured tenancies, in the light of the recent case "North British Housing Association Ltd v Matthews" ([2004] EWCA Civ 1736, Abs68751). This raised the issue as to whether a CC has the jurisdiction to adjourn a hearing of possession proceedings for non-payment of rent due to an authority's failure to pay housing benefit in time. Possession was sought on the basis that the circumstances fulfilled the mandatory ground for possession in the Housing Act 1988 Sched 2 Part I ground 8. Concludes that even in ground 8 proceedings the CC retains a general jurisdiction to adjourn a hearing prior to being satisfied that the landlord has made out the case for possession but such adjournments should only be made in exceptional circumstances.
POSSESSION PROCEEDINGS
HOUSING ACT 1988 S2 (1)(8)
RENT ARREARS
LOCAL AUTHORITIES
NORTH BRITISH HOUSING ASSOCIATION LTD V MATTHEWS
Down to the ground - Estates Gazette (0504) 29 January 2005, 165(1) .
Considers the importance of the grounds of possession, especially those relating to non-payment of rent by tenants who benefit from assured tenancies, in the light of the recent case "North British Housing Association Ltd v Matthews" ([2004] EWCA Civ 1736, Abs68751). This raised the issue as to whether a CC has the jurisdiction to adjourn a hearing of possession proceedings for non-payment of rent due to an authority's failure to pay housing benefit in time. Possession was sought on the basis that the circumstances fulfilled the mandatory ground for possession in the Housing Act 1988 Sched 2 Part I ground 8. Concludes that even in ground 8 proceedings the CC retains a general jurisdiction to adjourn a hearing prior to being satisfied that the landlord has made out the case for possession but such adjournments should only be made in exceptional circumstances.
POSSESSION PROCEEDINGS
HOUSING ACT 1988 S2 (1)(8)
RENT ARREARS
LOCAL AUTHORITIES
NORTH BRITISH HOUSING ASSOCIATION LTD V MATTHEWS