000			01796cam a2200241 4500
001			ABS64705
008			011102n2001 000 0 eng u
035			_a(Sirsi) u115458
245			_aJephson Homes Housing Association v Moisejevs and another
260			_c2001
490			_aEstates Gazette Law Reports _v [2000] 41 EG 186-192(7)
520			_aCA 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).
590			_aABS
650			_aJEPHSON HOMES HOUSING ASSOCIATION V MOISEJEVES
650			_aPOSSESSION ORDERS
650			_aWARRANTY FOR POSSESSION
650			_aEVICTION
650			_aRENT ARREARS
650			_aLEICESTER CC V ALDWINCKLE
650			_aHOUSING ACT 1985 S85(2)
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942			_n0
999			_c68765 _d68765