Case Law

Possession Case Law

Tuohy v Bell (2002)

The tustee in bankruptcy for Mr and Mrs Tuohy obtained a court order against them for the sale of their matrimonial home, with a possession to be given by 11 October 2001. Click here to read more.

Taj v Ali (2000)            

A landlord successfully appealed against the suspension of a possession order against his tenant, as it would mean that the tenant would be repaying the rent arrears for an almost indefinite period.  Click here to read more.

Capital Prime Plus v Willis (1998)

A possession order was not made under ground 8, as the landlord could not prove service of a s.8 notice on the tenant.  Click here to read more.

Burrows v Brent Borough Council (1996)

The House of Lords allowed an appeal against a decision that a tenant had been granted a new tenancy due to coming to an agreement with the landlord council following the granting of a possession order against a tenant.  Click here to read more.

Marath v MacGillivray (1996)

Adequate notice of the landlords’ intention to commence possession proceedings was given, even though the s. 8 notice was not being compliant with statutory requirements. Click here to read more.

Laine & Mitchell v Cadwallar (2001)

The tenants held a periodic assured shorthold tennacy under the Housing Act 1988, but became behind with their rent. They therefore surrendered the keys to the landlord and promptly left the property.  Click here to read more.

Spencer v Taylor (2013)

The tenants held a periodic tenancy under the Housing Act 1988 following expiry of the initial fixed term of six months. The tenant claimed that the landlord had not served the correct notice to end the periodic tenancy sa the date on the notice was wrong. The court of Appeal were asked to make a ruling as to whether the notice was valid.  Click here to read more.