header-logo header-logo

15 November 2007
Issue: 7297 / Categories: Case law , Law digest
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll