Wandsworth London Borough Council v Randall [2007] EWCA Civ 1126, [2007] All ER (D) 98 (Nov
An order for possession could not be made under ground 16 of Pt III of Sch 2 to the Housing Act 1985 unless three conditions are satisfied:
(i) the accommodation afforded by the dwelling-house is more extensive than was reasonably required by the tenant;
(ii) the court is satisfied that suitable accommodation would be available for the tenant when the order takes effect; and
(iii) the court considers it reasonable to make the order.The reasonableness test requires consideration of all the relevant circumstances existing at the date of the hearing.
As regards the second condition, s 84(2)(c) clearly provides that the date when the order takes effect is the date at which the court has to be satisfied that the suitable accommodation “will be available”. As to the first condition, it is clear that the requirements are to be judged at the date of the hearing. It follows that the relevant date for determining the composition of the successor tenant’s family was not the date of succession, but the date of the possession hearing.
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