The Weekly Law Reports
[2012] 2 WLR 584
Court of Appeal
Places for People Homes Ltd
v
Sharples
A2 Dominion Homes Ltd
v
Godfrey
[2011] EWCA Civ 813
2011 May 17,
18;
July 15
Mummery, Wilson, Etherton LJJ
Housing— Assured tenancy— Claim for possession— Social landlords seeking orders for possession against assured tenants on grounds of arrears of rent— Tenants obtaining bankruptcy and debt relief orders after possession proceedings issued but before possession order made— Whether precluding making of outright or suspended possession order— Whether possession order on ground of rent arrears provable in bankruptcy “remedy … in respect of that debt”— Whether possession order on ground of rent arrears subject of debt relief order “remedy in respect of the debt”— Whether possession proceedings to be stayed— Whether court entitled to suspend possession order made on discretionary grounds on condition of payment of arrears provable in bankruptcy or subject of debt relief order—
Insolvency Act 1986 (c 45) (as amended by Tribunals, Courts and Enforcement Act 2007 (c 15), s 108, Sch 17), ss 251G(2)(3), 285(1)(2)(3)
—
Housing Act 1988 (c 50) (as amended by Housing Act 1996 (c 52), s 101), s 7(1), Sch 2, Pt I, ground 8, Pt II, ground 10