Sheffield City Council v Hopkins [2001] EWCA Civ 1023 (19 June 2001)

Sheffield City Council v Hopkins [2001] EWCA Civ 1023 (19 June 2001)

The court held that the discretion under section 85(2) of the Housing Act 1985 is not limited to the original ground for possession. The district judge may consider other relevant matters, including conduct such as nuisance, when deciding whether to suspend or stay execution of a possession order, provided the tenant has proper notice and an opportunity to respond.

Citation
[2001] EWCA Civ 1023
Parties
Appellant/claimant: Sheffield City Council; Respondent/defendant: Lisa Hopkins
Jurisdiction
England and Wales
Judgment Date
19 June 2001
Procedural Posture
Civil Appeal / Second Appeal From Sheffield County Court Decision, Remitted for Further Directions
Outcome
Appeal allowed
Legal Topics
Possession Proceedings, Secure Tenancies, Suspension of Warrants, Judicial Discretion, Statutory Interpretation
Housing Law Civil Procedure Possession Proceedings Secure Tenancies Suspension of Warrants Judicial Discretion Statutory Interpretation

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Parties

Sheffield City Council

Appellant/claimant

Lisa Hopkins

Respondent/defendant

Procedural Posture

Civil Appeal / Second Appeal From Sheffield County Court Decision, Remitted for Further Directions

Legal Issues

  1. 1 Whether, on an application to suspend execution of a possession order for rent arrears, the court may consider matters other than the original ground for possession, such as nuisance or other conduct by the tenant

Ratio Decidendi

The court held that the discretion under section 85(2) of the Housing Act 1985 is not limited to the original ground for possession. The district judge may consider other relevant matters, including conduct such as nuisance, when deciding whether to suspend or stay execution of a possession order, provided the tenant has proper notice and an opportunity to respond.

Court Disposition

Appeal allowed

Orders

  • Case remitted to Sheffield County Court for further directions as to the hearing of the defendant's application to suspend the warrant of possession.
  • Full costs of the appeal to be determined by a Costs Judge.