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KNOWSLEY HOUSING TRUST v WHITE : HONEYGAN-GREEN v LONDON BOROUGH OF ISLINGTON : PORTER v SHEPHERDS BUSH HOUSING ASSOCIATION

13 January 2009

An assured tenancy subject to a suspended possession order did not come to an end until possession was delivered up. When making a suspended possession order under the Housing Act 1985, the court could proleptically direct that the order be discharged once its terms had been complied with and could do so even if the terms had not been strictly complied with. A tenant made subject to a suspended possession order who had served notice exercising the right to buy under the 1985 Act would have the right to buy revived if and when the order was discharged.

In conjoined appeals against three decisions ([2007] EWCA Civ 404, [2007] 1 WLR 2897; [2008] EWCA Civ 363, [2008] 1 WLR 1350; [2008] EWCA Civ 196, [2008] HLR 35), the House was required to determine issues about the effect of suspended possession orders on the status and rights of secure and assured tenants. The issues were (i) where a suspended order for possession was made under the Housing Act 1988, the date when the assured t...

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