London Borough of Wandsworth v Tompkins & Anor

The tenancy granted to Mr and Mrs Tompkins was pursuant to the Council's interim homelessness duty under s.188 HA 1996. No valid notification was given under Schedule 1, paragraph 4, HA 1985 to make it a secure tenancy, and the certificate in the tenancy agreement did not constitute such notification. Therefore, the tenancy was a non-secure tenancy.

Parties: Claimant/respondent: The Mayor and Burgesses of the London Borough of Wandsworth; First Defendant/appellant: Mrs Joanne Tompkins; Second Defendant: Mr Warren Tompkins
Jurisdiction: England and Wales
Judgment Date: 31 July 2015
Procedural Posture: Civil Appeal / Appeal From County Court Judgment
Outcome: Appeal dismissed
Legal Topics: Introductory Tenancies, Secure Tenancies, Homelessness Duties, Statutory Interpretation

Housing Law Administrative Law Introductory Tenancies Secure Tenancies Homelessness Duties Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

The Mayor and Burgesses of the London Borough of Wandsworth

Claimant/respondent

Mrs Joanne Tompkins

First Defendant/appellant

Mr Warren Tompkins

Second Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

1 Whether the tenancy granted to Mr and Mrs Tompkins was an introductory tenancy or a non-secure tenancy under the Housing Act 1996 and Housing Act 1985
2 Whether the certificate in the tenancy agreement constituted notification under Schedule 1, paragraph 4, Housing Act 1985

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Declaration that the tenancy granted to Mr and Mrs Tompkins is a non-secure tenancy