Section: Security of Tenure
Illegal Occupation Ends After 25 Years
In a test case taken to the House of Lords by Brent Council, a previous ruling was overturned and possession was granted against a man who had been illegally occupying a council dwelling for 25 years.
The man first moved into the house, in the early 1970s, as a housing association tenant. His lease expired in 1980 and the dwelling passed to Brent Council. The man, however, remained in the property without paying rent.
The Council started proceedings in 2002, but the County Court rejected the claim for possession, on the grounds that when the lease came to an end the man remained legally as a tenant at will.
The Appeal Court supported the Council's case that no periodic tenancy had come into being at the end of the lease and that any tenancy at will would come to an end in consequence of the Council serving a Notice of Possession.
The Appeal Court ruled that the man had remained as a trespasser and was not a tenant or a licensee. The County Court should have granted the Council possession.
Brent Council v Banjo
Eviction was Unjust
A High Court judge quashed an eviction warrant served by Circle 33 Housing Trust, after finding the tenant's arrears were due to the failings of the housing benefit department at Barnet Council.
The tenant was evicted because of rent arrears in excess of £1,700. At a subsequent County Court hearing, the tenant claimed that the arrears were due to a mix up between his Housing Benefit and Income Support, but he was not successful in his application for regaining possession of his flat.
The High Court ruled that the Crown Court decision had been wrong, and ordered the Trust to reinstate the tenancy. In reaching its decision, the High Court found that there were no actual arrears of rent at the eviction and the situation had not changed.
Whilst the Court recognised that this was a rare case and the essential fault lay with the Council, and not with Circle 33, the judge decided that the Trust's action in carrying out the eviction had been oppressive and amounted to an unjust exercise.
© Copyright 1996 - 2008 UK Housing Ltd. Housing Monthly Diary
Issue: September 2005 Reporting on May-August 2005
- Antisocial Behaviour & Nuisance
- Community Care
- Heating & Energy Efficiency
- Homelessness & Asylum Seekers
- Housing Benefits
- Housing Finance
- Housing Legislation
- Housing Management
- Housing Ombudsman
- Ministerial Update
- Right to Buy
- Security of Tenure
- Travellers and Gypsies
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