000			02168cab a2200253 4500
001			##L134012
008			060703n2006 000 0 eng u
035			_a(Sirsi) u134012
041	0		_aeng
245	0	0	_aHarlow District Council v Norman John Hall
260			_c2006
520			_a[2006] EWCA Civ 156, 28 February 2006. Concerns whether the Insolvency Act 1986 s285 (3) precluded the enforcement of a possession order because it was a remedy against the property in respect of the arrears of rent and costs. Appeal by HL against a decision refusing to discharge a possession order obtained by HR for non-payment of rent. The possession order against HL would not be enforced if HL paid the arrears of rent and continued occupation costs by the agreed date. H however had a bankruptcy order made upon his own petition and sought discharge of the possession order but the judge found that HR was not seeking to enforce a remedy against HL's property. HL claimed that the liability for arrears and costs were debts provable in his bankruptcy, the right to seek a postponement of the date of possession under the Housing Act 1985 s 85(2) or to discharge it altogether under s85(4) was itself property for the purposes of s436 of the 1986 Act and that the continued existence of the possession order was a remedy against his property and was so precluded by s 285(3) of the Act. "Held": appeal dismissed. The maintenance of a suspended possession order under the Housing Act 1985 s85(2) did not constitute a remedy against a former tenant's property that was precluded by s285 (3) of the 1986 Act.
650	2	4	_aINSOLVENCY ACT 1986 S285(3)
650	2	4	_aEZEKIEL V ORAKPO
650	2	4	_aBURROWS V BRENT LBC
650	2	4	_aHARLOW DC V HALL
650	2	4	_aHOUSING ACT 1985 S85(4)
650	2	4	_aHOUSING ACT 1985 S85(2)
650	2	4	_aINSOLVENCY ACT 1986 S436
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-BREACHING RESIDENTIAL LEASES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/156.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c77320 _d77320