The respondent was a mutual housing co-operative, and the claimant its tenant. The tenant kept a dog in the premises without the consent of the other tenants in breach of the terms of the lease. A notice to quit was served on him. His tenancy was not assured because the landlord did not meet the statutory requirement. He objected saying that he had been unfairly singled out, and that the power to serve a notice to quit must be subject to an implied duty to allow the tenant to address and remedy any breach.
Held: The court referred to the provisions excluding such tenancies from protection, which ‘remove tenancies granted by various specified public and other bodies from the protection conferred on assured tenancies. They do not therefore attempt to regulate such tenancies and it is difficult to see how even the most purposive construction of the statute can attribute to Parliament an intention to do what, on the face of the legislation, is the very opposite of what it provides.’ The landlord had given proper notice, and the breach was serious. The appeal was dismissed.
Ward, Patten LJJ
[2010] EWCA Civ 228, [2010] 2 P and CR 12, [2010] NPC 35, [2010] HLR 30
Bailii
Housing Associations Act 1985, Housing Act 1988
England and Wales
Citing:
Cited – Doe dem Warner v Browne 1807
The parties agreed a lease at a rent of andpound;40 per annum. The landlord was not to raise the rent nor turn out the tenant ‘so long as the rent is duly paid quarterly, and he does not expose to sale or sell any article that may be injurious to W . .
Cited – Prudential Assurance Co Ltd v London Residuary Body and Others HL 16-Jul-1992
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The . .
Cited – Sheffield City Council v Jepson CA 1-Mar-1993
The tenant was subject to an agreement not to keep a dog in her flat. The judge agreed that the term was appropriate, and that the breach of the term was both open persistent and determined. Under those circumstances it was not reasonable for him to . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited by:
Cited – Southward Housing Co-Operative Ltd v Walker and Another ChD 8-Jun-2015
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.402950
