The House of Lords has denied two Yorkshire couples permission to appeal, following a test-case dispute as to whether a possession order can be classified as having been “executed” if the tenant has vacated the premises voluntarily.
Sean and Haley Dunn, the former occupiers of 3 Micklethwaite Lane, Crossflats, Bingley, and Manda and Paul Marston, previously of 81 Sisson Road, Leeds, applied to postpone the date set out in possession orders granted to their respective local authorities, in a claim for damages for an alleged failure by the councils to keep the properties in repair during their occupancies.
The Court of Appeal held that there was no power to postpone the date for possession on an application made after possession had been given up.
The House of Lords has now backed the ruling. No reasons have been given for its decision.
References: PLS News 21/02/03
