000 01862cab a2200217 4500
001 ##L133947
008 060622n2006 000 0 eng u
035 _a(Sirsi) u133947
041 0 _aeng
245 0 0 _aBristol City Council v Mohamud Hassan and another and Bristol City Council v Jane Glastonbury
260 _c2006
520 _a[2006] EWCA Civ 656, 23 May 2006. Considers whether anything in the Housing Act 1985 s85 can prevent a judge from making such order for postponement of possession as he saw fit and whether a judge was obliged to set out a date for possession on the face of his order. Appeal by H against the form of suspended possession orders. H were two secure tenants who were in arrears with their rent. B sought suspended possession orders on terms that H paid modest instalments towards the arrears. H contended that the court should order H to give possession on a date to be fixed on application by the local authority. "Held": appeals allowed. Nothing in s85 of the Act limited the discretion of the judge to make an order for postponement of possession in the manner he saw fit and he was not obliged to set out a date for the possession on the face of his order. The judge could lawfully make an order setting out a date for possession but provided that that date would be postponed and the tenancy would continue so long as conditions in the order continued to be satisfied.
650 2 4 _aHOUSING ACT 1985 S85
650 2 4 _aBRISTOL CITY COUNCIL V HASSAN AND ANOTHER
650 2 4 _aHOUSING ACT 1985 S82(2)
650 2 4 _aHOUSING ACT 1985 S85(2)
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
856 4 8 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/656.html
_zView the judgment free of charge at www.bailii.org... .
942 _n0
999 _c77276
_d77276