City West Housing Trust v Massey [2016] EWCA Civ 704

The court of appeal gave general guidance as to the circumstances appropriate for suspending possession orders, whilst noting that the question was highly fact-specific.

First, there needed to be cogent evidence that the conduct complained of would cease. The evidence should be persuasive, not merely credible. Second, the court can consider conditions such as inspections by the landlord, but must not force the landlord to do more than is reasonable in the circumstances. Third, dishonest evidence from tenants was not an absolute bar to suspension. Finally, the decision to suspend an order is a two stage process of fact finding followed by the application of the court’s discretion to those facts.