CA 1 November 2001. The appellant (M) was a tenant of a dwelling-house owned by the respondent landlord (J). M fell into rent arrears. A suspended possession order followed ordering M to pay rent arrears. The order specified that J could evict M if the payments were not met. M's rent arrears increased, J obtained a warrant for possession and M was notified by the baliff to vacate the property by 30 March 2000. On 16 March an application was prepared but never issued to suspend the possession order under the Housing Act 1985 s85(2). M paid £876 off her arrears and £80 court costs believing this would avoid eviction. The eviction took place on 30 March 2000. M's application to set aside the warrant of possession was dismissed. M appealed arguing the warrant should be set aside on the principle outlined in "Leicester City Council v Aldwinckle". Appeal dismissed. The "Aldwinckle" principle did not apply as M was not misled or obstructed by J or the court. Moreover, M was at fault by failing to make an application under the Housing Act 1985 s85(2).