B v N [2009] EWHC 2884 (Admin) (13 November 2009)

B v N [2009] EWHC 2884 (Admin) (13 November 2009)

Tenants' rights under the Housing Act 1988 are not overridden by the Criminal Justice Act 1988; the court cannot order possession against tenants with subsisting interests without following statutory procedures and providing compensation; the receivership and writ of possession must respect existing tenancy rights.

Citation
[2009] EWHC 2884 (Admin)
Parties
Claimant/respondent: B; Defendant: N; First Applicant/third Party: A; Second Applicant/third Party: S
Jurisdiction
England and Wales
Judgment Date
13 November 2009
Procedural Posture
Application to Vary Receivership Order and Set Aside/suspend Writ of Possession / Judgment After Hearing of Applications
Outcome
Applications to vary receivership order and suspend writ of possession granted in part; writ of possession suspended as regards tenants until County Court possession orders obtained.
Legal Topics
Confiscation Orders, Receivership, Tenancy Rights, Possession Proceedings, Restraint Orders
Criminal Law Property Law Human Rights Law Confiscation Orders Receivership Tenancy Rights Possession Proceedings Restraint Orders

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Parties

B

Claimant/respondent

N

Defendant

A

First Applicant/third Party

S

Second Applicant/third Party

Procedural Posture

Application to Vary Receivership Order and Set Aside/suspend Writ of Possession / Judgment After Hearing of Applications

Legal Issues

  1. 1 Whether tenants' rights under Housing Act 1988 are overridden by powers under Criminal Justice Act 1988
  2. 2 Whether writ of possession can be enforced against tenants without notice or compensation
  3. 3 Whether court has discretion to expropriate tenancy rights in enforcement of confiscation order

Ratio Decidendi

Tenants' rights under the Housing Act 1988 are not overridden by the Criminal Justice Act 1988; the court cannot order possession against tenants with subsisting interests without following statutory procedures and providing compensation; the receivership and writ of possession must respect existing tenancy rights.

Court Disposition

Applications to vary receivership order and suspend writ of possession granted in part; writ of possession suspended as regards tenants until County Court possession orders obtained.

Orders

  • Paragraph 1 of the Receivership Order varied to exclude persons with subsisting tenancy interests; consequential amendments to paragraph 2(a) and (d) made.
  • Writ of Possession not set aside but suspended as regards Mr A and Mr S until County Court possession orders come into force.