White v Knowsley Housing Trust & Anor

White v Knowsley Housing Trust & Anor

An assured tenancy subject to a suspended possession order terminates on the date specified for possession in the order, not upon actual delivery-up of possession, unless the order is drawn to postpone possession until a date to be fixed. The statutory scheme and the construction of the order are determinative.

Parties
Appellant: Julie White; Respondent: Knowsley Housing Trust; Intervener: The Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
02 May 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From Liverpool County Court
Outcome
Both appeals dismissed.
Legal Topics
Assured Tenancies, Suspended Possession Orders, Termination of Tenancy, Right to Buy, Tolerated Trespassers
Landlord and Tenant Housing Law Civil Procedure Assured Tenancies Suspended Possession Orders Termination of Tenancy Right to Buy Tolerated Trespassers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Julie White

Appellant

Knowsley Housing Trust

Respondent

The Secretary of State for Communities and Local Government

Intervener

Procedural Posture

Civil Appeal / Judgment on Appeal From Liverpool County Court

Legal Issues

  1. 1 When does an assured tenancy terminate following a suspended possession order?
  2. 2 Does a suspended possession order under the Housing Act 1988 allow the tenant to retain tenancy until actual possession is given up?
  3. 3 Is the absence of a statutory equivalent to section 82(2) of the Housing Act 1985 in the Housing Act 1988 determinative of the date of termination for assured tenancies?

Ratio Decidendi

An assured tenancy subject to a suspended possession order terminates on the date specified for possession in the order, not upon actual delivery-up of possession, unless the order is drawn to postpone possession until a date to be fixed. The statutory scheme and the construction of the order are determinative.

Court Disposition

Both appeals dismissed.

Orders

  • Mrs White's assured tenancy expired on 6 July 2004.
  • Appeal against District Judge Sykes' order dismissed due to delay.