Scope of variation clause in possession order

Friday 23 September 2016

Chatsworth Court v Sartipy (Ch D), unreported, 26 July 2016. The defendant, Ms Sartipy, had been ordered to pay service charge arrears. The claimant, Chatsworth Court, obtained a charging order to try and enforce that judgment.

Share This Page

Email This Page

Chatsworth Court v Sartipy (Ch D), unreported, 26 July 2016

The defendant, Ms Sartipy, had been ordered to pay service charge arrears. The claimant, Chatsworth Court, obtained a charging order to try and enforce that judgment. Pursuant to which, in June 2015 Chatsworth obtained an order for the sale of Ms Sartipy’s property, requiring her to give up possession of the property. The possession order provided that either party could apply to vary the terms of the order.

Ms Sartipy, together with her son who lived at the property, sought to appeal against the possession order. Permission to appeal was refused, as was an appeal against that refusal. The possession order was executed in September 2015, though the property remained unsold.

Ms Sartipy then applied to vary the possession order by having it set-aside, arguing that her son had a regulated tenancy. In response, Chatsworth argued that it was an abuse of process to try and use the variation procedure in this way.

Newey J took the view that it would not be right to read the variation clause so as to make it impossible as a matter of jurisdiction for the possession order to be set aside. Accordingly the variation application was adjourned with directions for further evidence. However a stay of execution in the meantime was refused as a year had passed since the possession order was made and Ms Sartipy had done little to take the matter forward.

Based on Lawtel (£) note. Judgment not yet available online.

We are top ranked by independent legal directories and consistently win awards

+ View more awards