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Haniff v Robinson

Language: English Series: Estates Gazette ; 1992 45 EG 145-149(3)Publication details: 1992Subject(s): Summary: CA 9 June 1992. Raises the question of whether a landlord having obtained an order for possession is entitled to take posession of premises against a statutory tenant without the county court bailiff. Appeal by landlord Haniff (H) against a CC decision allowing tenant Robinson`s (R) counterclaim for damages for unlawful eviction under s27 of the Housing Act 1988 on the grounds that H had evicted R without the bailiff to execute the order for possession. Held that although once an order for possession is made the rights of a statutory tenant are curtailed (as defined by the Rent Act 1977 s2(1)(a), he/she is still entitled to the protection of s3 of the 1977 Act. Appeal dismissed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS47490 (Browse shelf(Opens below)) 1 Available 62219-1001

CA 9 June 1992. Raises the question of whether a landlord having obtained an order for possession is entitled to take posession of premises against a statutory tenant without the county court bailiff. Appeal by landlord Haniff (H) against a CC decision allowing tenant Robinson`s (R) counterclaim for damages for unlawful eviction under s27 of the Housing Act 1988 on the grounds that H had evicted R without the bailiff to execute the order for possession. Held that although once an order for possession is made the rights of a statutory tenant are curtailed (as defined by the Rent Act 1977 s2(1)(a), he/she is still entitled to the protection of s3 of the 1977 Act. Appeal dismissed.