17 February 2017
It is now established that the prior permission of the court is required for the issue of a warrant of possession when there has been a breach of a suspended order. Would the court be empowered to order the tenant’s reinstatement under a voidable warrant notwithstanding that the landlord had relet the premises?
The new tenancy would be valid and so, if granted in good faith, the original tenant would be restricted to damages for unlawful eviction. If the landlord has not yet relet, it would be prudent when issuing an application to set aside the voidable warrant and for re-entry to make an ex parte application for an injunction to forbid the landlord from reletting or allowing anyone else into possession.
