A possession order was not made under ground 8, as the landlord could not prove that he had served a s. 8 notice on the tenant.
A landlord brought possession proceedings under section 8 Housing Act 1988, grounds 8. 10, and 11. The tenant denied ever receiving the section 8 notice. At the hearing, ground 8 would have been made out if the landlord had been able to prove service of the s. 8 notice, but a suspended possession order was granted, apparently by consent, without any evidence being called. The terms of the suspension were breached and a warrant of possession was issued. The tenant applied to have the warrant suspended, but the district judge held that he had no power to suspend a possession order under ground 8, because when the possession order was made the court must have been satisfied that ground 8 was made out.
On appeal:
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