Norwich City Council v Famuyiwa [2004] EWCA Civ 1770 (21 December 2004)

Norwich City Council v Famuyiwa [2004] EWCA Civ 1770 (21 December 2004)

The trial judge erred by failing to properly consider the statutory power to postpone possession and impose conditions; it was reasonable to make a possession order, but the date for possession should be postponed and terms considered by the County Court.

Citation
[2004] EWCA Civ 1770
Parties
Claimant/appellant: Norwich City Council; Defendant/respondent: Olutokunbo Famuyiwa
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Appeal From County Court Possession Proceedings / Court of Appeal Judgment
Outcome
Appeal allowed; possession order made; date for possession postponed; terms to be determined by County Court.
Legal Topics
Possession Proceedings, Anti Social Behaviour, Secure Tenancy, Reasonableness Test, Suspended Possession Orders, Injunctions
Housing Law Landlord and Tenant Civil Procedure Possession Proceedings Anti Social Behaviour Secure Tenancy Reasonableness Test Suspended Possession Orders +1 more

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Parties

Norwich City Council

Claimant/appellant

Olutokunbo Famuyiwa

Defendant/respondent

Procedural Posture

Appeal From County Court Possession Proceedings / Court of Appeal Judgment

Legal Issues

  1. 1 Whether it was reasonable to make an order for possession under section 84(2)(a) Housing Act 1985
  2. 2 Appropriateness of suspended possession order versus injunction
  3. 3 Balancing tenant's long occupation and behaviour against neighbours' interests

Ratio Decidendi

The trial judge erred by failing to properly consider the statutory power to postpone possession and impose conditions; it was reasonable to make a possession order, but the date for possession should be postponed and terms considered by the County Court.

Court Disposition

Appeal allowed; possession order made; date for possession postponed; terms to be determined by County Court.

Orders

  • Order for possession under section 84(2)(a) Housing Act 1985
  • Date for possession postponed pending County Court determination of terms