London & Quadrant Housing Trust v Ansell

London & Quadrant Housing Trust v Ansell

Once the possession order was fully satisfied and no longer enforceable, and the court's powers under section 85 of the Housing Act 1985 had ceased, the landlord was entitled to bring fresh proceedings for possession. The defendant was a tolerated trespasser, and there was no legal bar to the Trust seeking possession by a new claim. The defendant's argument that she was irremovable as a perpetual tolerated trespasser was rejected.

Parties
Claimant/respondent: London & Quadrant Housing Trust; Defendant/appellant: Carol Ann Ansell (also known as Carol Ann Marley)
Jurisdiction
England and Wales
Judgment Date
19 April 2007
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Secure Tenancy, Tolerated Trespasser, Possession Proceedings, Enforcement of Possession Orders, Section 85 Housing Act 1985, County Court Judgment Enforcement
Landlord and Tenant Law Housing Law Civil Procedure Secure Tenancy Tolerated Trespasser Possession Proceedings Enforcement of Possession Orders Section 85 Housing Act 1985 +1 more

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Parties

London & Quadrant Housing Trust

Claimant/respondent

Carol Ann Ansell (also known as Carol Ann Marley)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the landlord could commence fresh possession proceedings after the original possession order was no longer enforceable
  2. 2 Whether the court's powers under section 85 of the Housing Act 1985 remained exercisable after the order was satisfied
  3. 3 Whether the defendant was a perpetual tolerated trespasser and irremovable

Ratio Decidendi

Once the possession order was fully satisfied and no longer enforceable, and the court's powers under section 85 of the Housing Act 1985 had ceased, the landlord was entitled to bring fresh proceedings for possession. The defendant was a tolerated trespasser, and there was no legal bar to the Trust seeking possession by a new claim. The defendant's argument that she was irremovable as a perpetual tolerated trespasser was rejected.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of 39 Hannay Lane, Crouch End, London, N8 to be given up by the defendant within 28 days from judgment