Undertakings in possession proceedings

Hastoe Housing Association v Ellis CA SJ 23 November

The claimants granted the defendant an assured weekly tenancy. They started receiving complaints about her use of the property. Under s7 of the Housing Act 1988, the court shall not make an order for possession of a dwelling let under an assured tenancy except on one or more of the grounds contained in schedule 2 to the Act. If the Court is satisfied that one of grounds 9–17 is established, it may make an order for possession if it considers it reasonable to do so. The claimants served a notice seeking possession on grounds 12 (Breach of Tenancy Agreement) and 14 (Nuisance). The judge refused to approve the agreed order on the grounds that he did not have jurisdiction to accept an undertaking on possession proceedings.