Section: Security of Tenure

Case Law Update

Austin v Southwark LBC [2009] EWCA Civ 66

Mr AA was a secure council tenant. He lost his tenancy on breach of a Suspended Possession Order.

For the next 15 years he lived in his home as a tolerated trespasser. In 2005 he died.

His brother, Mr BA, applied in the original possession claim to be appointed to represent the estate of Mr AA. The application, if successful, would be followed by an application by the estate to retrospectively revive the tenancy (in exercise of the Court's powers under Housing Act 1985 section 85), so that the tenancy might pass by succession.

The Court of Appeal held that Mr AA's opportunity to revive the tenancy died with him and did not vest in his estate.

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Bracknell Forest BC v Green [2009] EWCA 238

Mr Green succeeded to his mother's council tenancy when she died. The Council claimed possession because he was under-occupying.

The judge accepted that the house was larger than Mr Green needed and that the Council had offered suitable alternative accommodation. But the claim was dismissed. The judge said that it was not reasonable to order possession because Mr Green had been born in the house, was now in his 50s, and had lived in the house all his life.

The Council appealed. The Court of Appeal dismissed the appeal. The judge had not ignored the waiting list or the pressure on the Council to house larger families. He had been entitled to say that in this exceptional case a Possession Order was not justified.

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Hughes v Borodex Ltd [2009] EWHC 565 (Admin)

A tenant held a long lease of a flat. When it expired she became a statutory assured tenant.

Five years later, a Rent Assessment Committee (RAC) determined the rent at a level exceeding £25,000pa. That had the effect of removing security of tenure and the landlord served a Notice to Quit.

The High Court upheld the RAC's decision. Although the result worked a hardship upon the tenant, who would lose her longstanding home, no alternative construction of the statutes was possible.

Legal Update


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Reporting on Feb-Apr 2009

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