North British Housing Association Ltd. v Matthews

North British Housing Association Ltd. v Matthews

The court has no general power to adjourn possession proceedings under Ground 8 of the Housing Act 1988 for the purpose of allowing tenants to pay arrears and defeat the claim, except in truly exceptional circumstances. Maladministration by housing benefit authorities is not, of itself, an exceptional circumstance. Once the court is satisfied that the landlord is entitled to possession, no adjournment is permissible.

Parties
Claimant/respondent: North British Housing Association Limited; Defendant/appellant: Lorraine Matthews; Defendant/appellant: Michael Snaith; Defendant/appellant: Laila Masood; Claimant/respondent: London and Quadrant Housing Limited; Defendant/appellant: Lee Morgan
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Adjournment of Hearings, Housing Benefit, Ground 8 Housing Act 1988, Statutory Interpretation
Landlord and Tenant Civil Procedure Possession Proceedings Adjournment of Hearings Housing Benefit Ground 8 Housing Act 1988 Statutory Interpretation

Case Brief

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Parties

North British Housing Association Limited

Claimant/respondent

Lorraine Matthews

Defendant/appellant

Michael Snaith

Defendant/appellant

Laila Masood

Defendant/appellant

London and Quadrant Housing Limited

Claimant/respondent

Lee Morgan

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the court has power to adjourn possession proceedings under Ground 8 of the Housing Act 1988 to allow tenants to pay arrears and defeat the claim
  2. 2 In what circumstances, if any, such adjournment is permissible

Ratio Decidendi

The court has no general power to adjourn possession proceedings under Ground 8 of the Housing Act 1988 for the purpose of allowing tenants to pay arrears and defeat the claim, except in truly exceptional circumstances. Maladministration by housing benefit authorities is not, of itself, an exceptional circumstance. Once the court is satisfied that the landlord is entitled to possession, no adjournment is permissible.

Court Disposition

Appeal dismissed

Orders

  • Appeals by all four appellants dismissed
  • No adjournment granted in any case