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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll