Renting Homes: The Final Report - Law Commission

(2) where the court may decide to suspend execution of a possession order,
the likelihood that the contract-holder will comply with any terms imposed
by the court. 59
Relevant circumstances regarding the landlord
5.39 As regards the landlord, the court must consider:
(1) the probable effect of not making an order on the landlord’s interests,
including their financial interests;
(2) where the landlord is a community landlord, the probable effect of not
making the order on the landlord’s ability to fulfil its housing functions,
including the assistance of others in need of accommodation. 60
5.40 In addition, where a landlord has issued a management code 61 the court may
also consider whether the landlord has taken this into account when it made its
claim for possession in relation to the premises. 62
Circumstances regarding other persons
5.41 The court may also take into account:
(1) the effect of making an order for possession on contract-holders and
permitted occupiers who occupy other premises of the landlord;
(2) persons who have asked the landlord to provide them with housing
accommodation (that is persons on the housing waiting list); and
(3) others living, visiting or otherwise engaging in lawful activity in the locality
or who wish to do so; 63 and
(4) where possession is sought for breach of the prohibited conduct term, 64
the general public interest in restraining the conduct prohibited by that
term. 65
Special cases
5.42 There are two special cases, arising in the context of the estate management
grounds for possession, in which particular circumstances are to be taken into
account.
59 Sch 7 para 6.
60 Sch 7 para 7.
61 Discussed below, at para 11.8.
62 Sch 7 para 8.
63 Sch 7 para 9.
64 See above, at para 4.96.
65 Sch 7 para 10.
96