The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, saying that the authority was in practice trustee for the tenant, and could not serve a notice to quit without committing a breach of trust. The agreement used was the standard tenancy agreement, and the authority did nothing to say it was not granting a full tenancy.
Held: The authority was in a position of trustee, and ‘service of notice to quit only on the minor beneficiary of the trust was not sufficient to terminate the tenancy.’
Waller, Scott Baker LJ, Sullivan LJ
[2009] EWCA Civ 259
Bailii, Times
Housing Act 1996 188 193(2), Law of Property Act 1925 1(6), Trusts of Land and Appointment of Trustees Act 1996
England and Wales
Citing:
Cited – Kingston upon Thames Royal Borough Council v Prince 1993
A minor could succeed to a secure tenancy under the 1985 Act. Hale J said: ‘A minor can hold an equitable tenancy of any property, including a council house.’ quoting the Law commission which said: ‘Moreover the statutory provisions do not restrict . .
Cited – Regina v London Borough of Tower Hamlets ex parte Von Goetz CA 8-Oct-1998
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. . .
Cited – Hammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Lists of cited by and citing cases may be incomplete.
Land, Children
Updated: 09 November 2021; Ref: scu.328885