The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord.
Held: The tenant’s appeal was dismissed. The secure tenancy was determined at the time set by the court order made, and not only when possession was taken. In this case the secure tenancy expired on the last day fixed by the order for the tenant to give possession. She had no right to buy the property. After the last date stated for possession, the tenant was only a tolerated trespasser.
Citations:
[2007] EWCA Civ 404, Times 15-May-2007
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Burrows v Brent London Borough Council HL 31-Oct-1996
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority . .
Cited – Harlow District Council v Hall CA 28-Feb-2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was . .
Cited – Bristol City Council v Hassan and Glastonbury CA 23-May-2006
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Cited – Brent London Borough Council v Knightley and Another CA 26-Feb-1997
The daughter of a deceased tenant claimed succession to her mother’s interest in a tenancy which was subject to a possession order.
Held: There can be no succession to a tolerated trespasser under a former secure tenancy. . .
Cited – Keeves v Dunn CA 1924
The court considred the meaing of the term ‘statutory tenancy’: ‘I think that it is a pity that that expression [‘statutory tenant’] was ever introduced. It is really a misnomer, for he is not a tenant at all; although he cannot be turned out of . .
Cited – Sherrin v Brand CA 1956
The landlord had obtained a possession order against his secure tenant. The order was suspended, but the landlord then failed to enforce the order after the date and when the tenant had failed to comply with the terms of the suspension. The tenant . .
Cited – Thompson v Elmbridge Borough Council CA 1987
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order . .
Cited – Clarke v Grant CA 1950
Lord Goddard CJ said: ‘if a notice to quit has been given in respect of a periodic tenancy such as a yearly tenancy, the result is to bring the tenancy to an end just as effectually as if there had been a term which had expired.’ . .
Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – Artesian Residential Investments Limited v Beck CA 19-Mar-1999
The tenant sought relief from forfeiture under section 138 against a landlord seeking possession of his assured tenancy. There were arrears of rent which he believed he could pay.
Held: The grounds for possession were statutory, and had been . .
Cited by:
Appeal from – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government
Updated: 10 July 2022; Ref: scu.251617