The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings.
Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly different. The court laid out a procedure to be followed which would allow substitution of the new landlord.
Judges:
Lord Justice Peter Gibson Lord Justice Waller And Lord Justice Jonathan Parker
Citations:
[2003] EWCA Civ 496, Times 17-Apr-2003, Gazette 19-Jun-2003
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Kelsey Housing Association Ltd v King and Another CA 8-Aug-1995
The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement . .
Cited – Manchester City Council v Finn CA 2002
The court was concerned with the ‘secure’ tenancy regime and the proper approach to the 1985 Act. The court took a ‘purposive approach’ in considering whether to allow the making of an amendment to a conditional possession order on the basis of new . .
Mentioned – Mountain v Hastings CA 16-Apr-1993
The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord intends to seek possession on grounds . . in Schedule 2 to the Housing Act 1988, which reads: Give the full text of each ground which is being relied on. . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government, Civil Procedure Rules
Updated: 23 November 2022; Ref: scu.181310