A local authority having served a notice on the tenant that the tenancy granted was under the section and therefore introductory, was not obliged to reserve a notice before beginning possession proceedings, even though several months may have passed since the review requested by the tenant under the notice, and the situation had changed.
Held: The system did not allow a discretion, the court had to grant possession. Though section 128 was mandatory, it applied to notices by the landlord and not to decisions of the review tribunal.
Judges:
Lord Justice Judge and Lady Justice Arden
Citations:
Times 19-Feb-2002
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Johns) v Bracknell Forest District Council 2001
. .
Cited by:
Cited – Forbes v Lambeth London Borough Council; Regina (Forbes) v Lambeth London Borough Council QBD 18-Feb-2003
The claimant had been granted an introductory tenancy. He appealed a possession order. The council had issued a notice of its intention to seek possession, but then after a review made a decision not to seek possession. It later issued a notice . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 02 June 2022; Ref: scu.167626