London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 (19 April 2007)

London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 (19 April 2007)

Where a possession order under a secure tenancy has ceased to be enforceable because all sums due have been paid, and the tenant has not complied with the conditions of suspension, the court's powers under section 85 of the Housing Act 1985 are no longer exercisable. The landlord may bring fresh proceedings for possession against a tolerated trespasser, and the former tenant cannot claim perpetual irremovability.

Citation
[2007] EWCA Civ 326
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
Appeal (civil) / Court of Appeal Judgment on Appeal From County Court Order for Possession
Outcome
Appeal dismissed
Legal Topics
Secure Tenancies, Tolerated Trespassers, Possession Proceedings, Enforcement of Possession Orders, Section 85 Housing Act 1985, County Court Judgments
Landlord and Tenant Housing Law Civil Procedure Secure Tenancies Tolerated Trespassers 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

Appeal (civil) / Court of Appeal Judgment on Appeal From County Court Order for Possession

Legal Issues

  1. 1 Whether the landlord could bring fresh possession proceedings after the original possession order ceased to be enforceable
  2. 2 Whether the defendant remained a 'tolerated trespasser' and if so, whether she was irremovable
  3. 3 Whether the court's powers under section 85 of the Housing Act 1985 remained exercisable after the original order was satisfied

Ratio Decidendi

Where a possession order under a secure tenancy has ceased to be enforceable because all sums due have been paid, and the tenant has not complied with the conditions of suspension, the court's powers under section 85 of the Housing Act 1985 are no longer exercisable. The landlord may bring fresh proceedings for possession against a tolerated trespasser, and the former tenant cannot claim perpetual irremovability.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of 39 Hannay Lane, Crouch End, London N8 within 28 days stands
  • No new tenancy found to have arisen; defendant is a trespasser and must give up possession