London & Quadrant Housing Trust v. Ansell
“Where, pursuant to ss 82 and 85 of the Housing Act 1985, a former secure tenant, following a possession order made against her, remained in occupation as a tolerated trespasser but failed to comply with the conditions imposed under the order the proper course was for the landlord to recover possession by issuing fresh proceedings. It was not appropriate to issue a warrant to recover possession under the original order to enable the tenant to claim protection under s 85 (2) of the Housing Act 1985.”
WLR Daily, 19th April 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.