Bromford Corinthia Housing Association v Mohammed & Anor [2001] EWCA Civ 90 (29 January 2001)

Bromford Corinthia Housing Association v Mohammed & Anor [2001] EWCA Civ 90 (29 January 2001)

There were no arguable grounds to support the proposed appeal as the arrears were unlikely to be paid off and the tenant's financial difficulties and benefit issues did not justify suspension or appeal; thus, permission to appeal was refused.

Citation
[2001] EWCA Civ 90
Parties
Claimant/respondent: Bromford Corinthia Housing Association; Defendants/applicants: Mr and Mrs Mohammed
Jurisdiction
England and Wales
Judgment Date
29 January 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Possession Proceedings, Suspension of Warrant, Housing Benefit, Appeal Procedure
Landlord and Tenant Civil Procedure Possession Proceedings Suspension of Warrant Housing Benefit Appeal Procedure

Case Brief

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Parties

Bromford Corinthia Housing Association

Claimant/respondent

Mr and Mrs Mohammed

Defendants/applicants

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal against refusal to suspend warrant for possession should be granted
  2. 2 Whether new financial circumstances justify suspension or appeal

Ratio Decidendi

There were no arguable grounds to support the proposed appeal as the arrears were unlikely to be paid off and the tenant's financial difficulties and benefit issues did not justify suspension or appeal; thus, permission to appeal was refused.

Court Disposition

application for permission to appeal refused

Orders

  • application dismissed