Artesian Residential Investments Ltd v Beck and another.
Series: Estates Gazette Law Reports ; (1999) 22 EG 145-148(4)Publication details: 1999Subject(s): Summary: CA 19 March 1999. The plaintiff (AR) let a property to the defendants (B) for a term of ten years from 1 December 1999. The tenancy was an assured tenancy under the Housing Act 1988. By April 1998 B had accrued £2,239.92 in rent arrears, and a notice was served under the 1988 Act s8. Possession proceedings were issued and the district judge made and order for immediate possession. Following payment of the arrears, B's application for suspension of the possession order was dismissed. The circuit judge subsequently held that B was entitled to invoke relief provided for by the County Courts Act 1984 s138, and set aside the two orders. AR appealed. "Held" appeal allowed. The order for possession "ipso facto" brings the assured tenancy to an end, and there was no room for applying the 1984 Act s138.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS60809 (Browse shelf(Opens below)) | 1 | Available | 101304-1001 |
CA 19 March 1999. The plaintiff (AR) let a property to the defendants (B) for a term of ten years from 1 December 1999. The tenancy was an assured tenancy under the Housing Act 1988. By April 1998 B had accrued £2,239.92 in rent arrears, and a notice was served under the 1988 Act s8. Possession proceedings were issued and the district judge made and order for immediate possession. Following payment of the arrears, B's application for suspension of the possession order was dismissed. The circuit judge subsequently held that B was entitled to invoke relief provided for by the County Courts Act 1984 s138, and set aside the two orders. AR appealed. "Held" appeal allowed. The order for possession "ipso facto" brings the assured tenancy to an end, and there was no room for applying the 1984 Act s138.