Network Housing Association Ltd v Hamoodizadeh & Anor [2001] EWCA Civ 1036 (22 June 2001)

Network Housing Association Ltd v Hamoodizadeh & Anor [2001] EWCA Civ 1036 (22 June 2001)

The appellants must vacate the property, surrender all keys by the specified date and time, and not re-enter without permission. In return, the respondent will remove and store any remaining belongings at their expense, provide access, and not enforce the costs order if the appellants comply. Failure to comply will...

Source-derived case information.

Citation
[2001] EWCA Civ 1036
Parties
Respondent: Network Housing Association Ltd; Applicants: Mr & Mrs Hamoodizadeh
Jurisdiction
England and Wales
Judgment Date
22 June 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal withdrawn by agreement; conditional orders made.
Legal Topics
Enforcement of Possession Orders, Suspended Committal, Costs Orders, Access to Property
Landlord and Tenant Civil Procedure Enforcement of Possession Orders Suspended Committal Costs Orders Access to Property

Source-derived case record

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Parties

Network Housing Association Ltd

Respondent

Mr & Mrs Hamoodizadeh

Applicants

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the appellants must vacate and surrender keys to the property
  2. 2 Whether the costs order should be enforced
  3. 3 Arrangements for removal and storage of appellants' belongings

Ratio Decidendi

The appellants must vacate the property, surrender all keys by the specified date and time, and not re-enter without permission. In return, the respondent will remove and store any remaining belongings at their expense, provide access, and not enforce the costs order if the appellants comply. Failure to comply will result in contempt of court.

Court Disposition

Appeal withdrawn by agreement; conditional orders made.

Orders

  • Appellants to return all keys to the property by 11:00 on 26 June 2001.
  • Appellants not to enter the property after that time without permission.