000 01486cab a2200217 4500
001 ABS68752
008 050217n 000 0 eng u
035 _a(Sirsi) u128826
100 _aMurdoch, S.
245 _aDown to the ground
490 _aEstates Gazette
_v(0504) 29 January 2005, 165(1)
520 _aConsiders the importance of the grounds of possession, especially those relating to non-payment of rent by tenants who benefit from assured tenancies, in the light of the recent case "North British Housing Association Ltd v Matthews" ([2004] EWCA Civ 1736, Abs68751). This raised the issue as to whether a CC has the jurisdiction to adjourn a hearing of possession proceedings for non-payment of rent due to an authority's failure to pay housing benefit in time. Possession was sought on the basis that the circumstances fulfilled the mandatory ground for possession in the Housing Act 1988 Sched 2 Part I ground 8. Concludes that even in ground 8 proceedings the CC retains a general jurisdiction to adjourn a hearing prior to being satisfied that the landlord has made out the case for possession but such adjournments should only be made in exceptional circumstances.
590 _aABS
650 _aPOSSESSION PROCEEDINGS
650 _aHOUSING ACT 1988 S2 (1)(8)
650 _aRENT ARREARS
650 _aLOCAL AUTHORITIES
650 _aNORTH BRITISH HOUSING ASSOCIATION LTD V MATTHEWS
690 _aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942 _n0
999 _c74809
_d74809