VadeLab
StatuteHousing Act 1985

Section 85 — Housing Act 1985: Extended discretion of court in certain proceedings for possession.

Text of the provision Official document

Extended discretion of court in certain proceedings for possession. 85 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 . . . 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.

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Official source: legislation.gov.uk

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Statutory text from an official public source. Informational content — does not replace advice from a qualified solicitor.