header-logo header-logo

09 May 2014 / Nicholas Dobson
Issue: 7605 / Categories: Features , Property , Housing
printer mail-detail

Let off for good behaviour

web_dobson_0

Did the Court of Appeal’s refusal to allow a local authority’s housing possession order defeat the whole purpose of introductory tenancies? Nicholas Dobson reports

Before scrutinising the Court of Appeal’s decision in Southend-on-Sea Borough Council v Armour [2014] EWCA Civ 231, [2014] All ER (D) 170 (Mar) to reject a local authority’s housing possession order when one of its tenants breached his introductory tenancy, it is worth outlining the legal context. In housing possession cases, a court may now have regard to the occupier’s rights under the European Convention on Human Rights (the Convention) and, if necessary, make its own factual evaluation. This is clear following the two key decisions of the Supreme Court in London Borough of Hounslow v Powell [2011] UKSC 8, [2011] 2 All ER 129 and Manchester City Council v Pinnock [2010] UKSC 45, [2011] 1 All ER 285.

 

But the hurdle is high, since the courts do recognise occupier protections inherent in domestic housing law. As Lord Neuberger said in Pinnock: “In virtually

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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll