The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act.
Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts subsequently established or discovered. The appeal failed.
Judges:
Jacob, Toulson, Aikens LJJ
Citations:
[2009] EWCA Civ 146, [2009] 1 WLR 2365
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Cited – Smith (on Behalf of the Gypsy Council) v Buckland CA 12-Dec-2007
The defendants appealed an order requiring them to leave caravan pitches managed by the council.
Held: The court referred to the absence of procedural safeguards to which, in view of their vulnerable position, gipsies were entitled. . .
Cited – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
Cited by:
Cited – McGlynn v Welwyn Hatfield District Council CA 1-Apr-2009
The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds.
Held: There had been a delay between the issue of the notice to quit and the . .
Cited – Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
Cited – Barber v London Borough of Croydon CA 11-Feb-2010
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council . .
Cited – Salford City Council v Mullen CA 30-Mar-2010
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government
Updated: 23 July 2022; Ref: scu.311770