The court considered the status in law of ‘demoted tenants’, those who had been secure social housing tenants, but who had only limited security after being found to have behaved anti-socially. The tenant had been refused an opportunity by the county court judge to challenge the conclusions as to fact found by the local authority.
Held: The tenant’s appeal failed. Stanley Burnton LJ said that ‘Section 143D of the 1996 Act restricts the county court to considering whether the procedure under sections 143E and 143F has been followed. If the court concludes the procedure has not been followed, it will not make an order for possession. If it has been followed, it must make the order. I emphasise the word procedure. The court’s review is limited to matters of procedure, and the county court cannot review the substance or rationality of the landlord’s decision, or whether or not it is consistent with the tenant’s or other occupiers’ Convention rights.’
Judges:
Mummery, Lloyd, Stanley Burnton LLJ
Citations:
[2009] EWCA Civ 852, [2010] 1 WLR 713, [2009] 32 EG 68, [2010] HLR 7, [2009] BLGR 869, [2010] PTSR 423
Links:
Statutes:
Housing Act 1996 143D, European Convention on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
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 . .
Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
Appeal from – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Appeal from – Manchester City Council v Pinnock SC 9-Feb-2011
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . .
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 30 July 2022; Ref: scu.368598
