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London Borough Of Wandsworth V Ms Sylvia Smith (7 February 2013)

The judge dismissed the former tenants appeal against a possession order made in respect of a non-secure tenancy. One of the primary complaints was that he had not considered her complaint as to the local authority's s.17 Children Act 1989 assessment but the Judge decided that it was not maintainable that there should effectively be an order that any possession order could not be obtained until suitable alternative accommodation had been found. The district judge was entitled to reach the conclusions that the defence was not seriously arguable and that a possession order was both appropriate and proportionate. Andy acted for the local authority.