Gary Lewis succeeds in Court of Appeal

HOUSING LAW UPDATE: GARY LEWIS OBTAINS PERMISSION TO APPEAL TO THE COURT OF APPEAL

On 5th February 2015, Gary Lewis, instructed by Stephensons Solicitors, was successful in a renewed oral application for a second appeal to the Court of Appeal in the case of Manchester and District Housing Association Limited v Roberts.

The appeal, set to be heard later in the year, will provide guidance to both landlords and tenants concerning the much cited test for suspending possession orders set out by the Court of Appeal in the key case of Sandwell v Hensley [2007] EWCA Civ 1425. That is, whether there is "cogent evidence which demonstrates a sound basis for hope that the tenant's previous conduct will cease".

In granting permission, Lord Justice Vos accepted that the appeal raised an important point of principle and practice concerning, amongst other things, the true interpretation of the test and the impact on the test of a finding of dishonesty against the tenant. Lord Justice Vos further commented that Gary Lewis was the first ever advocate before him to have persuaded him to grant permission in a renewed oral application where he had previously refused permission on the papers.

6th February 2015