Harlow District Council v Hall

Harlow District Council v Hall

The secure tenancy ended on the date specified in the possession order (9 February 2005), before the bankruptcy order was made. The possession order was not a remedy against the property of the bankrupt in respect of a provable debt, and enforcement of the order was not precluded by s.285(3) Insolvency Act 1986. The right to apply for postponement or discharge of the order is not affected by the bankruptcy, and the outcome would be the same even if the bankruptcy order had preceded the date for possession.

Parties
Respondent/claimant: Harlow District Council; Appellant/defendant: Norman John Hall
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Secure Tenancy Termination, Possession Orders, Bankruptcy Effect on Possession Orders, Enforcement of Possession Orders, Provable Debts in Bankruptcy
Landlord and Tenant Bankruptcy Secure Tenancy Termination Possession Orders Bankruptcy Effect on Possession Orders Enforcement of Possession Orders Provable Debts in Bankruptcy

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Parties

Harlow District Council

Respondent/claimant

Norman John Hall

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a possession order for a secure tenancy can be enforced after a bankruptcy order is made against the tenant
  2. 2 Whether the maintenance or enforcement of a possession order constitutes a remedy against the property of the bankrupt in respect of a provable debt under s.285(3) Insolvency Act 1986
  3. 3 Whether the right to apply for postponement or discharge of a possession order is 'property' for the purposes of the Insolvency Act

Ratio Decidendi

The secure tenancy ended on the date specified in the possession order (9 February 2005), before the bankruptcy order was made. The possession order was not a remedy against the property of the bankrupt in respect of a provable debt, and enforcement of the order was not precluded by s.285(3) Insolvency Act 1986. The right to apply for postponement or discharge of the order is not affected by the bankruptcy, and the outcome would be the same even if the bankruptcy order had preceded the date for possession.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no variation or discharge of the possession order.