A line of authorities, usefully reviewed by the Court of Appeal in Jephson Homes Housing Association v Moisejevs [2001] 41 EG 186, establishes that the execution of a warrant for possession can be set aside under the inherent jurisdiction of the court to prevent abuse of its procedures.
However, as was decided in Jephson, the tenant has to show something more than the mere use of the eviction process. The tenant in that case could not complain of oppression merely because she thought she could stop the process at any time simply by tendering all amounts owing by way of arrears and costs. She could not say that she had been in any way obstructed or misled. What counted very strongly with the court was the fact that the landlord had given her written notice, several days beforehand, of the date set for eviction.
A line of authorities, usefully reviewed by the Court of Appeal in Jephson Homes Housing Association v Moisejevs [2001] 41 EG 186, establishes that the execution of a warrant for possession can be set aside under the inherent jurisdiction of the court to prevent abuse of its procedures.
However, as was decided in Jephson, the tenant has to show something more than the mere use of the eviction process. The tenant in that case could not complain of oppression merely because she thought she could stop the process at any time simply by tendering all amounts owing by way of arrears and costs. She could not say that she had been in any way obstructed or misled. What counted very strongly with the court was the fact that the landlord had given her written notice, several days beforehand, of the date set for eviction.
