Renting Homes: The Final Report - Law Commission

POWERS OF THE COURT
Discretionary grounds
5.23 In deciding possession claims on discretionary grounds, the Bill gives broad
powers to the court. These are essentially the same as those that exist under the
current law, subject to new rules on the structuring of discretion.
5.24 The court has power:
(1) to adjourn proceedings;
(2) to postpone possession dates;
(3) to stay or suspend the execution of an order for possession;
(4) to impose conditions regarding payment of rent arrears and future rent;
and
(5) to impose any other conditions it thinks fit. 44
5.25 If the contract-holder complies with the conditions, the court also has a discretion
to discharge the possession order. 45
5.26 The one innovation in the Bill is that, in deciding whether to adjourn, postpone,
stay or suspend – which can only occur when the court thinks it reasonable – the
principles relating to the structuring of discretionary decisions also apply to these
decisions. 46
Mandatory grounds
5.27 Where a court is required to make an order for possession, the date for giving up
possession can be no later than 14 days after the date on which the order was
made, unless there is exceptional hardship, in which case the order may be
postponed for no more than six weeks after the date of the making of the order.
The giving up of possession may be postponed by the possession order or by
suspending or staying execution of the possession order. This restates the
current law. 47
Deception
5.28 Where the court is satisfied that a possession order has been obtained by
misrepresentation or concealment of material facts, it may order the landlord to
pay the contract-holder sufficient compensation for damage or loss sustained by
the contract-holder as a result of the making of the order. 48
44 Cls 201(1) to (5).
45 Cl 201(6).
46 Cl 201(7) and see sch 7.
47 Cl 198. Housing Act 1980, s 89.
48
Cl 194. This provision repeats the current law applicable to assured tenancies: Housing
Act 1988, s 12.
93