Poplar HARCA v Kerr [2023] EW Misc 23 (CC) (26 July 2023)

Poplar HARCA v Kerr [2023] EW Misc 23 (CC) (26 July 2023)

The court has jurisdiction, under the 'liberty to apply' principle, to vary a suspended possession order made on discretionary grounds to an outright order on a mandatory ground, provided all statutory prerequisites for the mandatory ground are satisfied. There is no requirement for the landlord to issue fresh...

Source-derived case information.

Citation
[2023] EW Misc 23 (CC)
Parties
Claimant: Poplar HARCA; Defendant: Janet Kerr
Jurisdiction
England and Wales
Judgment Date
26 July 2023
Procedural Posture
Housing Possession Appeal / Permission to Appeal and Substantive Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Variation of Possession Orders, Mandatory and Discretionary Grounds for Possession, Liberty to Apply, Section 9 Housing Act 1988, Ground 7 a Housing Act 1988
Housing Law Landlord and Tenant Law Civil Procedure Variation of Possession Orders Mandatory and Discretionary Grounds for Possession Liberty to Apply Section 9 Housing Act 1988 Ground 7 a Housing Act 1988

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Summary, issues, holding and outcome

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Parties

Poplar HARCA

Claimant

Janet Kerr

Defendant

Procedural Posture

Housing Possession Appeal / Permission to Appeal and Substantive Appeal Determination

Legal Issues

  1. 1 Whether the court has jurisdiction to vary a suspended possession order made on discretionary grounds to an outright order on a mandatory ground under the 'liberty to apply' principle rather than section 9 Housing Act 1988.

Ratio Decidendi

The court has jurisdiction, under the 'liberty to apply' principle, to vary a suspended possession order made on discretionary grounds to an outright order on a mandatory ground, provided all statutory prerequisites for the mandatory ground are satisfied. There is no requirement for the landlord to issue fresh proceedings in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed