Dacorum Borough Council v Bucknall (aka Acheampong) [2017] EWHC 2094 (QB) (10 August 2017)

Dacorum Borough Council v Bucknall (aka Acheampong) [2017] EWHC 2094 (QB) (10 August 2017)

Ms Bucknall was occupying the property as a dwelling at the time of the notice to quit because, following the Council's acceptance of the full housing duty and the indefinite nature of her continued occupation, the purpose of her occupation had changed from temporary interim accommodation to settled residence. The notice to quit was invalid as it did not comply with the statutory requirements for premises occupied as a dwelling.

Citation
[2017] EWHC 2094 (QB)
Parties
Claimant (respondent): Dacorum Borough Council; Defendant (appellant): Ms Chenalee Bucknall (formerly known as Ms Chenalee Acheampong)
Jurisdiction
England and Wales
Judgment Date
10 August 2017
Procedural Posture
Appeal / High Court (queen's Bench Division) on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
Homelessness, Local Authority Duties, Protection From Eviction, Possession Proceedings, Licences and Tenancies
Housing Law Public Law Homelessness Local Authority Duties Protection From Eviction Possession Proceedings Licences and Tenancies

Case Brief

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Parties

Dacorum Borough Council

Claimant (respondent)

Ms Chenalee Bucknall (formerly known as Ms Chenalee Acheampong)

Defendant (appellant)

Procedural Posture

Appeal / High Court (queen's Bench Division) on Appeal From County Court

Legal Issues

  1. 1 Whether Ms Bucknall was occupying the property 'as a dwelling' within the meaning of s.5(1A) Protection from Eviction Act 1977 at the time of the notice to quit
  2. 2 Whether the Council was performing its interim or full housing duty under the Housing Act 1996 at the relevant time
  3. 3 Whether the notice to quit was valid given the statutory requirements

Ratio Decidendi

Ms Bucknall was occupying the property as a dwelling at the time of the notice to quit because, following the Council's acceptance of the full housing duty and the indefinite nature of her continued occupation, the purpose of her occupation had changed from temporary interim accommodation to settled residence. The notice to quit was invalid as it did not comply with the statutory requirements for premises occupied as a dwelling.

Court Disposition

Appeal allowed

Orders

  • Possession order set aside
  • Council's notice to quit declared invalid for non-compliance with Protection from Eviction Act 1977