Possession order
Series: Estates Gazette Case Summaries ; [2002] 32 EG 87 (CS)Publication details: 2002Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| News article | London News article | WB3830-16 (Browse shelf(Opens below)) | 2 | Available | 119342-1002 |
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| WB3830-13 Data Protection Act | WB3830-14 Leasehold enfranchisement | WB3830-15 Threefold service wins out | WB3830-16 Possession order | WB3830-17 Cash for quality of life | WB3830-18 ODPM review of aggregates provision | WB3830-19 Key review issues |
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.