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HHJ Bloom grants permission to appeal in Luton Community Housing Trust v Durdana

Her Honour Judge Bloom has granted permission to the Claimant to appeal in Luton Community Housing Trust v Durdana and ordered that the appeal be transferred to the Court of Appeal as it raises an important point of principle about the interrelationship between the PSED and the court’s discretion to make a possession order under Ground 17, Housing Act 1988 (false representations). The judge recognised that this was an area that required clarity, referring to the forthcoming appeal in Forward v Aldwyck Housing Group Ltd which also concerns what the effect of breach of the PSED has on the making of a possession order on discretionary grounds. Stephanie Lovegrove appeared for the Claimant. Toby Vanhegan appeared for the Defendant and is counsel for the Appellant in Forward.

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