The tenancy was granted as a protected tenancy under the 1977 Act. Before the grant L mentioned, but not in writing, that she might need the flat in the future for a member of her family. She now sought possession for a tenancy for her son. At first instance, the court found in her favour but declined to order possession under Case 9. Under Case 11 van order was granted on just and equitable grounds despite the defect of the notice not being in writing.
Held: T’s appeal failed. It was impossible to say that the judge had been wrong on his assessment of the justice of the case. There had been no misunderstanding and no inequity arose from his failure. The written notice was dispensed with. The court warned against taking the judgment as a precedent as to interpretation of Clause 11.
Stephenson LJ (dissenting) said that a failure to give the prescribed notice might be forgiven in circumstances wider than just where there was an absence of injustice and of inequity.
Judges:
Stephenson LJ
Citations:
[1982] 5 HLR 33, (1982) 264 EG 49
Statutes:
Jurisdiction:
England and Wales
Cited by:
Minority preferred – Bradshaw v Baldwin-Wiseman 1985
When a landlord seeking possession of property subject to a statutory tenancy had failed to give the required written notice, the court could look to all the circumstances to decide whether that failure was to be forgiven and possession ordered. . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 22 July 2022; Ref: scu.260334
