Category Archives: Warrant

Sheffield City Council v Hopkins - Supreme Court

Summary

This case allows for landlords to rely on new grounds to enforce a Possession Order rather than having to issue new proceedings. This might arise where a Suspended Possession Order has been obtained because of rent arrears but then the landlord wants to recover possession due to anti social behaviour. The landlord can apply to the Court for permission to enforce the Order on the new grounds. The Court will only summarily assess the claim rather than consider it in detail at a trial as would be the case with a new defended claim for possession.

Law Reports

Bailii

Articles About The Case

 

Midland Heart Limited v Margaret Burns and CA (A Protected Party By His Litigation Friend, The Official Solicitor)

Summary

This case is important in showing that landlords who have already obtained a Possession Order based on rent arrears will have to issue a new claim for possession where they want to evict due to other breaches of the tenancy giving rise to complex defences such as one based on the Equality Act 2010. They cannot simply ask for permission to rely on the new grounds in the way that has become common practice since the case of Sheffield v Hopkins (2001)

Law Reports

This is only a County Court Judgment so the case is not on Baili but thanks to the Community Law Partneship who acted for the Defendant there is an Approved Transcript available to read.

Articles About The Case

Nearly Legal - Warrants of Possession - Fresh Grounds and Equality Act Defences