Obtaining possession of a property

Lavinia was successful in the possession of a local authority property. The tenant had an introductory tenancy and had fallen in rent arrears. The tenant attended the hearing and asked the Judge to exercise discretion in possession by adjourning with leave to restore. They had reduced arrears by making a payment. Lavinia made successful submissions that, as this was an introductory tenancy, the Court did not have discretion to adjourn. Lavinia argued that the granting of possession under s127 Housing Act 1996 was mandatory as the notice was served correctly.  As the tenant was an introductory tenant they were not allowed any arrears as such there could be no compromise.  The Judge granted a possession order.