Bristol City Council v Hassan & Anor

Bristol City Council v Hassan & Anor

A district judge is not required by statute to set a fixed date for possession in a possession order against a secure tenant. It is lawful for the court to make an order postponing the date for possession to a date to be fixed on application by the landlord, provided the tenant complies with specified conditions. The court's discretion under s 85(2) of the Housing Act 1985 is wide and allows for flexible forms of postponed possession orders.

Parties
Claimant/respondent: Bristol City Council; Defendant/first Appellant: Mohamud Hassan; Defendant/second Appellant: Jane Glastonbury
Jurisdiction
England and Wales
Judgment Date
23 May 2006
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeals allowed
Legal Topics
Possession Orders, Suspended Possession Orders, Secure Tenancies, Tolerated Trespassers, Statutory Interpretation
Housing Law Civil Procedure Possession Orders Suspended Possession Orders Secure Tenancies Tolerated Trespassers Statutory Interpretation

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Parties

Bristol City Council

Claimant/respondent

Mohamud Hassan

Defendant/first Appellant

Jane Glastonbury

Defendant/second Appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a district judge is obliged to set a fixed date for possession in a possession order against a secure tenant under the Housing Act 1985.
  2. 2 Whether alternative forms of postponed possession orders are lawful under current legislation.

Ratio Decidendi

A district judge is not required by statute to set a fixed date for possession in a possession order against a secure tenant. It is lawful for the court to make an order postponing the date for possession to a date to be fixed on application by the landlord, provided the tenant complies with specified conditions. The court's discretion under s 85(2) of the Housing Act 1985 is wide and allows for flexible forms of postponed possession orders.

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.