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 

 


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