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:
Subscription Required
In order to view our entire Case Law Library and Letting Factsheets, a membership is required. We offer a range of plans to suit all business, starting with our Silver plan all the way up to Pro-Gold.
Plans start from just £50 (£60 inc VAT) p/a
