Housing Act 1988

9 Extended discretion of court in possession claims. E+W

(1) Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.

(2) On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may—

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

(b) postpone the date of possession,

for such period or periods as the court thinks just.

(3) On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.

(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

(5) In any case where—

(a) at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy, the tenant’s spouse or former spouse, having rights of occupation under the M1 Matrimonial Homes Act 1983, is in occupation of the dwelling-house, and

(b) the assured tenancy is terminated as a result of those proceedings,

the spouse or former spouse, so long as he or she remains in occupation, shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those rights of occupation were not affected by the termination of the tenancy.

(6) This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—

(a) on any of the grounds in Part I of Schedule 2 to this Act; or

(b) by virtue of subsection (1) or subsection (4) of section 21 below.

Marginal Citations

M1 1983 c. 19.