Ahern v Southern Housing Group Ltd

Ahern v Southern Housing Group Ltd

The applicant's grounds of appeal, as explained in written and oral submissions, meet the 'real prospect of success' threshold for permission to appeal, warranting a stay of execution of the possession order and warrant for eviction.

Parties
Applicant: Declan Ahern; Respondent: Southern Housing Group Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted; stay of execution of possession order and warrant for eviction ordered.
Legal Topics
Possession Proceedings, Section 21 Notice, Public Law Duties, Landlord and Tenant Policies
Housing Law Public Law Possession Proceedings Section 21 Notice Public Law Duties Landlord and Tenant Policies

Case Brief

Summary, issues, holding and outcome

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Parties

Declan Ahern

Applicant

Southern Housing Group Limited

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the service of the section 21 notice was lawful by reference to public law considerations
  2. 2 Whether the judge failed to consider if the notice was served in breach of Southern's policies and procedures
  3. 3 Whether the judge erred by considering only rationality and not specific breaches of policy

Ratio Decidendi

The applicant's grounds of appeal, as explained in written and oral submissions, meet the 'real prospect of success' threshold for permission to appeal, warranting a stay of execution of the possession order and warrant for eviction.

Court Disposition

Permission to appeal granted; stay of execution of possession order and warrant for eviction ordered.

Orders

  • Permission to appeal granted on both grounds.
  • Stay of execution of the possession order dated 10 March 2015.