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Litigation Letter

Postponing possession order

Norwich City Council v Famuyiwa CA TLR 24 January

Having found that the defendant was in breach of a clause in her tenancy prohibiting antisocial conduct, the judge had decided that it would be absolutely pointless to make a suspended order. He had been wrong to rule out the possibility that the court could meet the circumstances of the case by postponing the date for possession and imposing conditions. He could, for example, have ordered that the date for possession be postponed until after a further application to the court by the landlord, in the event of further breach.

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