Stay pending appeal

Admiral Taverns (Cygnet) Ltd v Daniel [2008] EWHC 1688 (QB)

The landlord obtained an order for possession when the tenants failed to attend the hearing. The tenants, who had not attended the hearing because they had not been notified of the time of the hearing, applied to set aside the order as soon as they became aware of it. They applied for a stay of the warrant of execution until their appeal had been heard. The court rejected the landlord’s contention that s89 of the Housing Act 1980 restricted any stay to no more than 14 days after the order for possession had been made and this proscribed any appellate court’s powers to grant a further stay pending appeal.