i-law

Litigation Letter

Postponing possession

Hackney LBC v Side by Side (Kids) Ltd [2003] All ER (D) 59 (Feb); [2003] EWHC 1813 (QB)

The restriction of the period for which the court may postpone possession imposed by s89 of the Housing Act 1980 applies equally to proceedings in the High Court as to proceedings in the county court. The period of postponement is a maximum of 14 days unless there is exceptional hardship when the period is increased to 42 days. The restriction does not apply to mortgage possession cases, forfeiture of leases, restricted contracts, rental purchase cases, or where the court has to be satisfied that it is reasonable to order possession.

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