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 incompatibility in respect of section 80. The Co-operative was fully mutual and a registered ‘co-operative housing association’ and the tenancies were not assured. In particular it was said that the tenancies purported to create an uncertain term.
Held: The possession order had been competently made. The rule applying section 149 of the 1925 Act transforming the tenancy into a tenancy for 99 years was not dependent on that being the intention of the parties.
Judges:
Hildyard J
Citations:
[2015] EWHC 1615 (Ch), [2015] 2 P and CR 13, [2016] 2 WLR 605, [2015] L and TR 32, [2015] WLR(D) 246
Links:
Statutes:
Housing Act 1985 80, Housing Act 1988, Human Rights Act 1998, Law of Property Act 1925 149(6)
Jurisdiction:
England and Wales
Citing:
Cited – Ali Bhai and Another v Black Roof Community Housing Association Ltd CA 2-Nov-2000
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. . .
Cited – Joseph v Nettleton Road Housing Co-Operative Ltd CA 16-Mar-2010
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 . .
Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Cited by:
Cited – Watts v Stewart and Others CA 8-Dec-2016
The court considered the status of residents of almshouses, and in particular whether they were licensees or tenants with associated security.
Held: The occupier’s appeal failed: ‘We do not accept the proposition that, if and insofar as Mrs . .
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 30 November 2022; Ref: scu.547603