4th December 2017
Mr Ahern sought to defend on public law grounds (breach of policy) possession proceedings brought against him following service of a section 21 notice. Although the Judge below had applied the wrong test, his appeal was dismissed on the basis that his landlord had complied with their policies. The decision provides useful guidance as to the approach of the county court to public law defences based on alleged breach of policy and highlights the importance of social landlords complying with such policies when seeking possession. Tina Conlan appeared as junior counsel for the appellant.
Click here for the full Judgment.