Tenant runs out of chances

In 1997, Ms Frimpomaah was granted a secure council tenancy. By May 2000, she had significant rent arrears and the council served a notice seeking possession. She did not clear the arrears.

The council took possession proceedings against her in 2001. The court granted a possession order but suspended it to give the tenant a chance to keep her home. The conditions for suspension were that she paid the current rent plus a monthly sum of the arrears. She did not comply. The council decided to give her a further chance to keep her home and invited her to agree different repayment terms. She did not respond.

The council obtained a warrant for her eviction. The tenant did not exercise her right to apply to suspend or stay that warrant and, on 4 March 2003, she was evicted by bailiffs. On the next day she applied to set aside the warrant and return to her home. The county court judge granted that application.

The council successfully appealed to the High Court. It decided that in the absence of fraud, abuse of process or oppression (none of which were present) the judge had no jurisdiction to set aside an executed warrant. The council had gone further than strictly necessary to help the tenant. The eviction had been her own fault.