Tag Archive for 'set aside warrant'

Forcelux bound (a little bit)

By NL on 21/01/2011. 10 Comments

London Borough of Hackney v Findlay [2011] EWCA Civ 8

This was the Court of Appeal hearing of an appeal on the issues raised in Forcelux v Binnie [2009] EWCA Civ 854 [Our report here], specifically the Court’s ability to set aside a possession order under CPR 3.1(2)(m) as opposed to the more restrictive provisions in CPR 39.3.

Briefly, Mr Findlay was the secure tenant of Hackney. There were rent arrears, amounting to some £1,500 all in, primarily because housing benefit was not in payment for some periods. There are disputed accounts of how Hackney approached this. Hackney brought possession proceedings. Mr Findlay asserts that the only notification … Read the full post

Posted in FLW case note, Housing law - All, Possession and secure-tenancy. Tags: possession order, set aside, set aside warrant.

Oppression, Maladministration and Re-entry

By NL on 14/09/2010. 2 Comments

Hammersmith & Fulham LBC v Pill, West London County Court 26 May 2010

With grateful thanks to the Legal Action Housing Updates (on which more shortly).

Ms Pill was Hammersmith & Fulham’s secure tenant. She lived with her two children. There had been a history of domestic violence against her by her partner. In 2008 a postponed possession order was made on grounds of rent arrears. A date for possession was fixed in December 2008, for 16 January 2009. The warrant was suspended a few times, on applications that described the tenant’s problems at home. By late 2009, the relationship with her partner had improved and regular payments to … Read the full post