Housing Act 1985

85 Extended discretion of court in certain proceedings for possession. E+W

(1) Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.

(2) On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—

(a) stay or suspend the execution of the order, or

(b) postpone the date of possession,

for such period or periods as the court thinks fit.

(3) On such an adjournment, stay, suspension or postponement the court—

(a) shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent F1 . . . unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and

(b) may impose such other conditions as it thinks fit.

[F2 (4) The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—

(a) any conditions imposed under subsection (3), and

(b) the conduct of the tenant in connection with those conditions.]

(5) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 85(3)(a) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(2), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F2 S. 85(4) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(3) (with Sch. 11 para. 14); S.I. 2009/1261, art. 2

F3 S. 85(5) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F4 S. 85(5A) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3