Bristol City Council v Hassan & Anor [2006] EWCA Civ 656 (23 May 2006)

Bristol City Council v Hassan & Anor [2006] EWCA Civ 656 (23 May 2006)

A district judge is not required by statute to set an absolute date for possession in a possession order against a secure tenant. The court has the power under section 85 of the Housing Act 1985 to postpone the date for possession to a date to be fixed on application, provided the tenant complies with specified conditions. Such an order is lawful and within the court's discretion.

Citation
[2006] EWCA Civ 656
Parties
Claimant/respondent: Bristol City Council; Defendant/first Appellant: Mohamud Hassan & Anr; Defendant/second Appellant: Jane Glastonbury
Jurisdiction
England and Wales
Judgment Date
23 May 2006
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Bristol County Court
Outcome
Appeals allowed
Legal Topics
Possession Orders, Secure Tenancies, Postponement of Possession, Suspended Possession Orders, Tolerated Trespassers
Housing Law Civil Procedure Possession Orders Secure Tenancies Postponement of Possession Suspended Possession Orders Tolerated Trespassers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Bristol City Council

Claimant/respondent

Mohamud Hassan & Anr

Defendant/first Appellant

Jane Glastonbury

Defendant/second Appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Bristol County Court

Legal Issues

  1. 1 Whether a district judge is obliged to set an absolute date for possession in a possession order against a secure tenant under the Housing Act 1985.
  2. 2 Whether alternative forms of possession orders, postponing the date for possession subject to conditions, are lawful.

Ratio Decidendi

A district judge is not required by statute to set an absolute date for possession in a possession order against a secure tenant. The court has the power under section 85 of the Housing Act 1985 to postpone the date for possession to a date to be fixed on application, provided the tenant complies with specified conditions. Such an order is lawful and within the court's discretion.

Court Disposition

Appeals allowed

Orders

  • District judges' orders for possession and money judgment to stand.
  • Claims remitted to the county court to determine appropriate terms of postponement of possession.