Holt v Reading Borough Council [2013] EWCA Civ 641 (07 June 2013)

Holt v Reading Borough Council [2013] EWCA Civ 641 (07 June 2013)

The Recorder correctly balanced the defendant's personal circumstances, including her lifelong residence and caring role, against the pressing need for social housing and the under-occupation of the property. The Recorder was entitled to make a conditional possession order based on the future availability of suitable alternative accommodation with specified characteristics, and was not required to identify a specific property at the time of the order. There was no error of law or principle, and the appeal is dismissed.

Citation
[2013] EWCA Civ 641
Parties
Appellant/defendant: Ms Wendy Ann Holt; Respondent/claimant: Reading Borough Council
Jurisdiction
England and Wales
Judgment Date
07 June 2013
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From County Court Possession Order
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Secure Tenancy, Succession Rights, Reasonableness of Possession Order, Suitable Alternative Accommodation
Housing Law Civil Procedure Possession Proceedings Secure Tenancy Succession Rights Reasonableness of Possession Order Suitable Alternative Accommodation

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Parties

Ms Wendy Ann Holt

Appellant/defendant

Reading Borough Council

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether it was reasonable to make a possession order against a successor tenant under ground 16 of Schedule 2 to the Housing Act 1985
  2. 2 Whether the Recorder erred in making a conditional possession order based on the future availability of suitable alternative accommodation

Ratio Decidendi

The Recorder correctly balanced the defendant's personal circumstances, including her lifelong residence and caring role, against the pressing need for social housing and the under-occupation of the property. The Recorder was entitled to make a conditional possession order based on the future availability of suitable alternative accommodation with specified characteristics, and was not required to identify a specific property at the time of the order. There was no error of law or principle, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Possession order against the defendant to take effect within 28 days of receipt of a formal binding offer of suitable alternative accommodation as specified in the order.
  • Liberty to either party to apply to the court in respect of the possession order process.