Permission sought for an appeal on a tenant’s possession warrant application

Sioned Wyn Roberts, Senior Associate, Housing and Discrimination Team is seeking permission to bring an appeal within the County Court, on behalf of a local authority tenant who had their application to suspend a warrant for possession refused. It was refused on the grounds that the Court had no power to do so as a Possession Order had been made on mandatory grounds. The Judge made this finding after looking back at previous Court notes.

Hodge Jones & Allen are putting forward the argument that as the Possession Order made no recording of whether the Order was made on, either discretionary or mandatory grounds, our client is entitled to rely upon the assumption it was made on discretionary grounds, giving the court discretion to suspend the warrant for possession. We also say that in accordance with the well-established principle from the case of Diab v Countrywide Rentals, it was not proper for the Judge to look back at the Court notes to make this determination.

A decision on permission is expected to be made in the next few months. As Sioned and her client await a decision no further details or comments will be provided at this time.

Sioned Wyn Roberts is regularly instructed on housing and discrimination law matters.