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15 November 2007
Issue: 7297 / Categories: Case law , Law digest
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LANDLORD AND TENANT

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.

Issue: 7297 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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