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Tenant's appeal against possession order dismissed in High Court

Holmes v Westminster CC [2011] EWHC 2857 (QB)

The High Court dismissed a tenant’s appeal against a possession order made on a summary basis.  By his pleaded Defence the tenant raised a number of public law and human rights/proportionality arguments which a Recorder dismissed on a summary basis without the need for a trial with oral evidence.  Eady J upheld the possession order and the summary process which the Recorder had used in the county court.

This is one of the first possession claim appeals in the wake of the Supreme Court decisions in Pinnock and Powell.  As such it is welcome news for social landlords, especially local authorities, who are keen to avoid the problem that Lord Hope described as ‘the risk of prolonged and expensive litigation, which would divert funds from the uses to which they should be put to promote social housing in the area.’

Jon Holbrook, instructed by Devonshires, appeared for Westminster.

For more information contact Ruth Hills on 020 7880 4269.