Masih, R (on the application of) v Yousaf

Masih, R (on the application of) v Yousaf

The section 8 notice, though not verbatim, sufficiently conveyed the substance of ground 8 and was not defective. The lower courts correctly held they had no jurisdiction to set aside the possession order made in the presence of both parties. The judge's decision to require a formal application for permission to appeal was a case management decision not open to challenge. The appeal is dismissed.

Parties
Applicant: Masih; Respondent: Yousaf
Jurisdiction
England and Wales
Judgment Date
06 February 2014
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Assured Shorthold Tenancy, Possession Proceedings, Section 8 Notice, Mandatory Grounds, Form of Notice
Landlord and Tenant Housing Law Assured Shorthold Tenancy Possession Proceedings Section 8 Notice Mandatory Grounds Form of Notice

Case Brief

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Parties

Masih

Applicant

Yousaf

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the section 8 notice served under the Housing Act 1988 was defective for failing to include the words 'rent lawfully due'
  2. 2 Whether the lower courts had jurisdiction to set aside the possession order
  3. 3 Whether the appellant should have been granted permission to appeal out of time

Ratio Decidendi

The section 8 notice, though not verbatim, sufficiently conveyed the substance of ground 8 and was not defective. The lower courts correctly held they had no jurisdiction to set aside the possession order made in the presence of both parties. The judge's decision to require a formal application for permission to appeal was a case management decision not open to challenge. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.