header-logo header-logo

Trouble at mill

02 December 2010 / Jon Holbrook
Issue: 7444 / Categories: Features , Property
printer mail-detail

Jon Holbrook questions mandatory rights to possession that are not mandatory

The Supreme Court’s judgment in Manchester CC v Pinnock [2010] UKSC 45 is as important as it is troubling. It establishes that where Parliament has created a mandatory right to possession the courts may refuse to grant possession.

Mr Pinnock’s case concerned a demoted tenancy. Under this regime eviction is a two-stage court process that begins with the court making a demotion order. Having obtained a demotion order the landlord may return to court for a possession order within the next twelve months. The regime offers the tenant substantive protections at the first stage because the demotion order can only be made if the court is satisfied that it would be reasonable to demote the tenancy. But during the second stage the tenant is offered only procedural protections, he may not raise a substantive defence.

Or at least it was Parliament’s intention that the occupier would not be able to defend the second stage with a substantive defence. This is clear from s 143D(2) of the Housing Act 1996 which states that during

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll