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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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