30 June, 2016
Soho Housing Association Limited ("Soho") have successfully resisted an appeal following an order for possession being made against a failed successor.
Soho commenced possession proceedings to reclaim possession of a 2 bedroomed flat located in Central London. They took possession action after the death of their tenant and a failed application to succeed the tenancy which had been made by the tenant's carer. Soho sought a mandatory order for possession following the expiry of a Notice to Quit.
The Defendant sought to defend the proceedings, amongst other things, on the basis that it was disproportionate for them to be evicted. At the initial hearing, the Court directed that a final hearing be listed so that the question of proportionality could be dealt with summarily. At the final hearing, the Defendant's defence and counter-claim were dismissed and a mandatory order for possession was made. Following this decision at the final hearing, the Defendant's legal representative made an oral application for permission to appeal but this was refused. The Defendant was subsequently evicted from the property enabling Soho to re-let the property in accordance with their allocation policies with the local authority.
Following the final hearing and subsequent eviction, the Defendant sought permission to appeal the making of the possession order. At the permission to appeal hearing, the Court heard submissions on the application for permission to appeal being out of time and thereafter about the merits of the case and prospects of success. The Court refused to grant permission to appeal out of time and within its judgment stated that had the permission been granted, the Court would have found that the case was without prospect of success and refused the appeal. Soho were also successful in obtaining an order for costs against the Defendant.
Soho were represented by Amy Hunter at Forbes Solicitors. Following the hearing Amy stated "I am thrilled with the outcome for Soho. Whilst I was confident that we would achieve a successful outcome, there is always an element of risk. The outcome demonstrates the positive action Soho will take in order to ensure their properties are allocated to the correct applicants on their waiting lists, in accordance with their policies and procedures."
For further information please contact Amy Hunter on 0113 244 6688.