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 refused. The probationary regime was intended to protect other tenants and the local authority from anti-social and non-paying tenants. Additional procedural safeguards had been provided and gave adequate protection to the tenant.
Waller LJ considered the duties of a council under the introductory tenancy scheme: ‘If the council in providing reasons alleges acts constituting nuisance, and if the allegations themselves are disputed, that at first sight seems to raise issues of fact. But under the introductory tenancy scheme it is not a requirement that the council should be satisfied that the breaches of the tenancy agreement have in fact taken place. The right question under the scheme will be whether in the context of allegation and counter-allegation it was reasonable for the council to take a decision to proceed with termination of the introductory tenancy.’


Lord Justice Waller, Lord Justice Latham, And Lord Justice Kay


Gazette 29-Nov-2001, Times 03-Dec-2001, [2001] EWCA Civ 1510, [2002] QB 1129, [2002] LGR 191




European Convention on Human Rights 8.1


England and Wales


CitedHandyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .

Cited by:

CitedLangton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another Admn 17-Dec-2001
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The . .
CitedThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
CitedLondon Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
CitedKay 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 . .
CitedDoran v Liverpool City Council CA 3-Mar-2009
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 . .
CitedOrchard v Lee CA 3-Apr-2009
The claimant appealed rejection of her claim for personal injuries. She was supervising a school playground, and was injured by a 13 year old child running backwards into her. She claimed against the boy. The judge found it to be mere horseplay.
CitedSalford 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 . .
CitedGaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 04 June 2022; Ref: scu.166645