London Borough of Havering v Dove & Anor [2016] EWCA Civ 680 (04 May 2016)

London Borough of Havering v Dove & Anor [2016] EWCA Civ 680 (04 May 2016)

It is arguable the judge failed to properly analyse whether the property was the applicants' only or principal home, failed to consider relevant factors including degree of occupation and medical conditions, and did not properly exercise discretion regarding possession and adjournment; permission to appeal is granted as appeal has real prospect of success.

Citation
[2016] EWCA Civ 680
Parties
Respondent/claimant: London Borough of Havering; Applicant/defendant: Elaine Dove; Applicant/defendant: Evelyn Dove
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Civil Appeal / Permission to Appeal Hearing
Outcome
permission to appeal granted
Legal Topics
Secure Tenancy, Possession Proceedings, Issue Estoppel, Adjournment, Article 6 ECHR, Article 8 ECHR, Rent Arrears
Housing Law Civil Procedure Human Rights Secure Tenancy Possession Proceedings Issue Estoppel Adjournment Article 6 ECHR +2 more

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Parties

London Borough of Havering

Respondent/claimant

Elaine Dove

Applicant/defendant

Evelyn Dove

Applicant/defendant

Procedural Posture

Civil Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 whether property was applicants' only or principal home
  2. 2 whether judge erred in refusing adjournment
  3. 3 whether possession order was reasonable

Ratio Decidendi

It is arguable the judge failed to properly analyse whether the property was the applicants' only or principal home, failed to consider relevant factors including degree of occupation and medical conditions, and did not properly exercise discretion regarding possession and adjournment; permission to appeal is granted as appeal has real prospect of success.

Court Disposition

permission to appeal granted

Orders

  • permission to appeal against possession order and adjournment refusal granted to Evelyn and Elaine Dove