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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll