Wandsworth v Whibley

Wandsworth v Whibley

Where a tenant raises a triable issue in response to an application to fix a date for possession following a postponed possession order, the court is obliged to adjourn for a hearing and cannot determine the application summarily on written evidence alone.

Parties
Appellant/claimant: London Borough of Wandsworth; Respondent/defendant: David Whibley
Jurisdiction
England and Wales
Judgment Date
14 November 2008
Procedural Posture
Civil Appeal / Second Appeal From County Court Directions Order
Outcome
appeal dismissed
Legal Topics
Possession Proceedings, Postponed Possession Orders, Summary Judgment, Right to a Hearing, Nuisance, Arrears of Rent
Landlord and Tenant Housing Law Civil Procedure Possession Proceedings Postponed Possession Orders Summary Judgment Right to a Hearing Nuisance +1 more

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Parties

London Borough of Wandsworth

Appellant/claimant

David Whibley

Respondent/defendant

Procedural Posture

Civil Appeal / Second Appeal From County Court Directions Order

Legal Issues

  1. 1 Whether applications to fix a date for possession following breach of a postponed possession order should be determined summarily without a hearing except in exceptional cases
  2. 2 Whether the district judge erred in adjourning the application for a full hearing

Ratio Decidendi

Where a tenant raises a triable issue in response to an application to fix a date for possession following a postponed possession order, the court is obliged to adjourn for a hearing and cannot determine the application summarily on written evidence alone.

Court Disposition

appeal dismissed

Orders

  • District Judge Gittens' order for a full hearing and directions affirmed
  • Costs in the case