Hackney v Side By Side (Kids) Ltd. [2003] EWHC 1813 (QB) (14 July 2003)

Hackney v Side By Side (Kids) Ltd. [2003] EWHC 1813 (QB) (14 July 2003)

Section 89 of the Housing Act 1980 applies to all possession orders, including those made by consent and those enforced in the High Court; the Deputy Master had no jurisdiction to stay execution beyond the statutory period, and the Defendant's factual allegations do not justify further postponement under the terms of the consent order.

Citation
[2003] EWHC 1813 (QB)
Parties
Claimant: The Mayor and Burgesses of the London Borough of Hackney; Defendant: Side by Side (Kids) Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2003
Procedural Posture
Possession Proceedings (enforcement of Consent Order) / Application to Set Aside Stay of Execution on Writ of Possession
Outcome
Order of the Deputy Master staying execution is set aside; stay of execution granted until 18 July 2003; costs awarded to Claimant, summarily assessed at £10,000.
Legal Topics
Enforcement of Possession Orders, Jurisdiction Under Housing Act 1980 S89, Effect of Consent Orders, Exceptional Hardship in Possession Proceedings
Civil Procedure Landlord and Tenant Housing Law Enforcement of Possession Orders Jurisdiction Under Housing Act 1980 S89 Effect of Consent Orders Exceptional Hardship in Possession Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Mayor and Burgesses of the London Borough of Hackney

Claimant

Side by Side (Kids) Limited

Defendant

Procedural Posture

Possession Proceedings (enforcement of Consent Order) / Application to Set Aside Stay of Execution on Writ of Possession

Legal Issues

  1. 1 Does s89 of the Housing Act 1980 restrict the court's power to stay execution of a possession order beyond 14 days (or 6 weeks for exceptional hardship)?
  2. 2 Does s89 apply to High Court orders and/or consent orders?
  3. 3 Does the defendant have any legal ground (breach, waiver, estoppel) to resist enforcement of the possession order?

Ratio Decidendi

Section 89 of the Housing Act 1980 applies to all possession orders, including those made by consent and those enforced in the High Court; the Deputy Master had no jurisdiction to stay execution beyond the statutory period, and the Defendant's factual allegations do not justify further postponement under the terms of the consent order.

Court Disposition

Order of the Deputy Master staying execution is set aside; stay of execution granted until 18 July 2003; costs awarded to Claimant, summarily assessed at £10,000.

Orders

  • Order of Deputy Master set aside.
  • Stay of execution of possession order until 18 July 2003.