The council appealed against refusal of possession orders against their tenant. Judges: Mummery, Etherton, Patten LJJ Citations: [2011] EWCA Civ 1450 Links: Bailii Statutes: Housing Act 1985 79(1) Jurisdiction: England and Wales Housing Updated: 29 September 2022; Ref: scu.449756
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
A dwelling subtenant of part of premises comprised in a business lease became a secure tenant on the surrender of the mesne tenancy. Section 79 of the 1985 Act had ambulatory effect.Waite LJ said: ‘The use of the term ‘at any time’ in section 79(1) shows that the section is to have ambulatory effect. Occupiers, … Continue reading Basingstoke and Deane Borough Council v Paice: CA 3 Apr 1995
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live in the house paying rent and sums from the arrears until he died in … Continue reading Austin v Mayor and Burgesses of The London Borough of Southwark: SC 23 Jun 2010