Banjo v London Borough Of Brent [2005] EWCA Civ 292 (17 March 2005)

Banjo v London Borough Of Brent [2005] EWCA Civ 292 (17 March 2005)

A tenant at will following expiry of a long lease from a local authority is not a secure tenant under Part IV of the Housing Act 1985; no statutory periodic tenancy arises, and the landlord is entitled to possession once the tenancy at will is determined. Security of tenure provisions do not apply to such a tenancy.

Citation
[2005] EWCA Civ 292
Parties
Claimant/respondent: BANJO; Defendant/appellant: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
17 March 2005
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Willesden County Court
Outcome
Appeal allowed; order for possession granted to the Borough.
Legal Topics
Security of Tenure, Tenancy at Will, Leasehold Reform, Local Authority Housing, Limitation Periods
Landlord and Tenant Housing Law Civil Procedure Security of Tenure Tenancy at Will Leasehold Reform Local Authority Housing Limitation Periods

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Parties

BANJO

Claimant/respondent

London Borough of Brent

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Willesden County Court

Legal Issues

  1. 1 Whether a tenant at will following expiry of a long lease from a local authority is a 'secure tenant' under Part IV of the Housing Act 1985
  2. 2 Whether security of tenure arises under the Housing Act 1985 for such a tenant
  3. 3 Whether the landlord is entitled to possession after determination of the tenancy at will

Ratio Decidendi

A tenant at will following expiry of a long lease from a local authority is not a secure tenant under Part IV of the Housing Act 1985; no statutory periodic tenancy arises, and the landlord is entitled to possession once the tenancy at will is determined. Security of tenure provisions do not apply to such a tenancy.

Court Disposition

Appeal allowed; order for possession granted to the Borough.

Orders

  • Defendant's (London Borough of Brent) costs to be paid by the Claimant (Banjo), subject to detailed assessment if not agreed.
  • Claimant's costs to be subject to detailed assessment in accordance with the Community Legal Services (Costs) Regulations 2000.