London Borough of Wandsworth v Tompkins & Anor [2015] EWCA Civ 846 (31 July 2015)

London Borough of Wandsworth v Tompkins & Anor [2015] EWCA Civ 846 (31 July 2015)

The tenancy was granted pursuant to the Council's interim homelessness duty under s.188 Housing Act 1996. The certificate in the tenancy agreement did not constitute notification under Schedule 1, paragraph 4, Housing Act 1985. Therefore, the tenancy was a non-secure tenancy and not an introductory or secure tenancy.

Citation
[2015] EWCA Civ 846
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
Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Introductory Tenancy, Secure Tenancy, Non Secure Tenancy, Homelessness, Local Authority Housing Duties, Statutory Interpretation
Housing Law Public Law Introductory Tenancy Secure Tenancy Non Secure Tenancy Homelessness Local Authority Housing Duties Statutory Interpretation

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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

Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 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. 2 Whether the certificate in the tenancy agreement constituted notification under Schedule 1, paragraph 4, Housing Act 1985

Ratio Decidendi

The tenancy was granted pursuant to the Council's interim homelessness duty under s.188 Housing Act 1996. The certificate in the tenancy agreement did not constitute notification under Schedule 1, paragraph 4, Housing Act 1985. Therefore, the tenancy was a non-secure tenancy and not an introductory or secure tenancy.

Court Disposition

Appeal dismissed

Orders

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