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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll