000 01353cab a2200181 4500
001 ABS38085
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u8642
041 _aeng
245 _aBryant v Best
260 _c1987
350 _a0
490 _aEstates Gazette
_v283(6348) 22 August 1987, 843-844(2)
520 _aCA 9 February 1987 Appeal by the landlord from a cc decision suspending an order for possession upon payment of rent arrears and upon payment of the current rent. The short point of the appeal is whether the cc exceeded its jurisdiction in permitting the tenant in possession beyond a period of three months. Under Rent Act 1977 s106A(3) where a court makes a possession order for a dwelling house subject to a restricted contract, the giving up of possession cannot be postponed later than three months from the making of the order. There was no discretion in the case of a restricted contract to suspend possession beyond the total period of three months. CA held that the cc was wrong and the appeal must be allowed. There would be an order for possession which would take effect in 28 days in view of the lengthy period during which the tenant had been in possession since the date of the cc proceedings.
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c5356
_d5356