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15 November 2007
Issue: 7297 / Categories: Case law , Law digest
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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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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