Southern Housing v Emmanuel [2025] EWCC 58 (27 October 2025)
The County Court has no power to authorise a landlord to force entry into a tenant's home to enforce an access injunction; only Parliament can confer such power, and the Civil Procedure Rules cannot override substantive rights of exclusive possession and privacy.
- Citation
- [2025] EWCC 58
- Parties
- Claimant: Southern Housing; Defendant: Mr James Emmanuel
- Jurisdiction
- England and Wales
- Judgment Date
- 27 October 2025
- Procedural Posture
- Injunction Application (part 8 Proceedings) / Post Hearing Judgment on Application to Vary Injunction
- Outcome
- Application dismissed
- Legal Topics
- Access Injunctions, Forced Entry, Exclusive Possession, Enforcement of Court Orders, Gas Safety Checks
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Southern Housing
Claimant
Mr James Emmanuel
Defendant
Procedural Posture
Injunction Application (part 8 Proceedings) / Post Hearing Judgment on Application to Vary Injunction
Legal Issues
- 1 Does the County Court have power to authorise a landlord to force entry into a tenant's home to enforce an access injunction?
- 2 Can Civil Procedure Rules (CPR) be used to override a tenant's exclusive possession and privacy rights absent express statutory authority?
Ratio Decidendi
The County Court has no power to authorise a landlord to force entry into a tenant's home to enforce an access injunction; only Parliament can confer such power, and the Civil Procedure Rules cannot override substantive rights of exclusive possession and privacy.
Court Disposition
Application dismissed
Orders
- Claimant's application to vary injunction to permit forced entry is dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment