Taj v Ali [2000]

A landlord successfully appealed against the suspension of a possession order against his tenant, as it would mean that the tenant would be repaying the rent arrears for an almost indefinite period.

A county court judge made an order for possession of a property belonging to the claimant landlord, on the ground of rent arrears owed by the tenant. The order also provided, by consent, for the tenant to pay the landlord £14, 503 rent arrears plus interest, minus an agreed deduction in respect of the tenant’s counterclaim for breach of the landlord’s repairing obligations.
As the tenant was on income support, the judge suspended the possession order on terms that the tenant should pay the current rent of £49 per week, plus £5 per week towards the discharge of the rent arrears. It was known that this would mean that the debt would not be paid off for over 55 years.
The landlord appealed against the suspension of the possession order.

HELD: The Court of Appeal allowed the appeal, and made an order for possession within 28 days. Although statute gave the judge discretion to suspend the possession order, suspended possession orders should not be made in cases where this would involve arrears being repaid over an almost indefinite period. The tenant’s counterclaim for damages was also effectively compromised by the agreed sum. It was not possible to decide on sensible term upon which a possession order should be suspended, because the earning capacity of the tenant was limited. An order could only be suspended where the tenant had a prospect of paying off the arrears within a reasonable and definite time.

Citation: Taj v Ali [2000] 43 EG 183