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Salix Homes –v- Mantato

Thursday 7th March 2019

The Claimant appeals, with permission from Deputy District Judge Thexton, his order dated 8 June 2018 setting aside the possession order of District Judge Khan dated 9 June 2017 (and the warrant of possession executed on 12 September 2017) and thereby allowing the Defendant to be readmitted to the premises in question of which he had been the assured tenant

The Deputy District Judge found the possession order relied on was an abuse of process, essentially on the basis that the proceedings which led to the possession order should not have been issued in light of the fact the Claimant had available to them an order for possession made on the same grounds (rent arrears) on 22 April 2008.

View hearing:

Part 1

Part 2

Click here for Court of Appeal Judgment