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07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
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Going and staying

Can the court make a suspended order for possession of a dwelling by consent...

Can the court make a suspended order for possession of a dwelling by consent when a mandatory ground has been relied on by the landlord? If so, is there any restriction on the period for which a warrant of possession may subsequently be suspended?

The answer depends on the correct interpretation of s 9(2) and (6) of the Housing Act 1988. It may well be that the original order can be suspended by consent and remains valid until amended or varied on appeal in which event it will be deemed to have been made on a discretionary ground (the court being presumed to have acted lawfully) with the result that the court has a discretionary power to suspend the warrant. An alternative approach at the outset would be for a mandatory outright order to be made against an agreed undertaking by the landlord not to enforce on terms which could give rise to a contract claim by the tenant if breached.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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