Regina (McDonagh) v Salisbury District Council: QBD 5 Jul 2001

A local authority granted the applicant an introductory tenancy, but then gave notice of its intention to issue possession proceedings in the light of tenancy breaches. The tenant requested a review, and the date was set, but this was later than the date upon which the possession proceedings were to begin. He alleged that the review was nullified by that fact. The review was defective, but the Act provided for no consequences to flow from such a breach. In such cases, the tenant could apply for the warrant for possession to be stayed pending the outcome of the review, and that was adequate to cure the failure.

Judges:

Jackson J

Citations:

Times 15-Aug-2001, [2001] EWHC Admin 567

Links:

Bailii

Statutes:

Tenants (Review) Regulations 1997 (1997 No 72), Housing Act 1996 129 (6)

Jurisdiction:

England and Wales

Housing, Human Rights

Updated: 30 May 2022; Ref: scu.159488