header-logo header-logo

Landlord & tenant

09 July 2010
Issue: 7425 / Categories: Case law , Law digest
printer mail-detail

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750, [2010] All ER (D) 09 (Jul)

Schedule 2, Pt II, to the Housing Act 1988, so far as material, provided: “Grounds on which court may order possession ... Ground 14A, The dwelling house was occupied (whether alone or with others) by [a married couple …] and—(a) one or both of the partners is a tenant of the dwelling house, (b) the landlord who is seeking possession is…a registered social landlord…(c) one partner has left the dwelling house because of violence or threats of violence by the other towards—(i) that partner…(d) the court is satisfied that the partner who has left is unlikely to return …”

There was nothing ambiguous about either the concept or the wording of ground 14A which could properly attract a principle of interpretation favouring the party to a marriage or civil partnership or equivalent relationship who had been violent or threatening towards the other party to the relationship, thereby causing the other party to leave the property in which they had lived together. Ground

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

FOIL—Bridget Tatham

FOIL—Bridget Tatham

Forum of Insurance Lawyers elects president for 2026

Gibson Dunn—Robbie Sinclair

Gibson Dunn—Robbie Sinclair

Partner joinslabour and employment practice in London

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll