Articles tagged Introductory and demoted tenancies
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a [...]
Section 124 of the Housing Act 1996 introduced a new regime specifically aimed at Local Authorities and Housing Action Trusts. Under the scheme, such bodies can elect to operate an introductory tenancy regime. Once such a regime has been elected, every periodic tenancy entered into (barring some exceptions) will be an Introductory Tenancy.
The demoted tenancy, introduced by the Anti-Social Behaviour Act 2003, enables Local authorities and housing trusts to deal more effectively with anti-social behaviour. It instigates a two-stage regime entitling such landlords to apply to demote an otherwise secure tenancy; and then, during this demoted period, the landlord may seek possession of the property as of right (provided it follows the statutory procedure.)
The CA have just handed down judgment in Manchester CC v Pinnock EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a [...]
A local authority’s failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 – Conwy County Borough Council.
The whole report (there is a link on that page) is worth reading, highlighting lack of awareness, systems, procedures and apparently [...]
Gilboy, R (on the application of) v Liverpool City Council & Ors  EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post.
The appeal, was by general consent, on one issue alone. Does the internal review procedure for reconsideration by local housing authorities of a decision to terminate a [...]
Just a quick note on the Admin Court decision in Gilboy, R (on the application of) v Liverpool City Council & Anor  EWHC 2335 (Admin).
The Anti-Social Behaviour Act 2003 modifies Housing Act 1985 and 1996 to allow a secure tenancy to be changed to a ‘demoted tenancy’ via an application by the Council to [...]