Banjo v London Borough Of Brent

Banjo v London Borough Of Brent

A tenant at will following the expiry of a long lease with a local authority landlord is not entitled to security of tenure under Part IV of the Housing Act 1985. No periodic tenancy arose by operation of law or statute, and the tenancy at will was validly determined by notice. The claimant remained in possession as a trespasser and was not protected from eviction under the Act.

Parties
Claimant/respondent: Olatunji Banjo; Defendant/appellant: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
17 March 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Security of Tenure, Tenancy at Will, Leasehold Reform, Limitation Periods
Landlord and Tenant Law Housing Law Security of Tenure Tenancy at Will Leasehold Reform Limitation Periods

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Parties

Olatunji Banjo

Claimant/respondent

London Borough of Brent

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a tenant at will following expiry of a long lease with a local authority landlord is entitled to security of tenure under Part IV of the Housing Act 1985
  2. 2 Whether a periodic tenancy arose after expiry of the long lease
  3. 3 Whether the claimant was protected from eviction under the Housing Act 1985

Ratio Decidendi

A tenant at will following the expiry of a long lease with a local authority landlord is not entitled to security of tenure under Part IV of the Housing Act 1985. No periodic tenancy arose by operation of law or statute, and the tenancy at will was validly determined by notice. The claimant remained in possession as a trespasser and was not protected from eviction under the Act.

Court Disposition

Appeal allowed

Orders

  • Order for possession granted in favour of the London Borough of Brent
  • Defendant’s costs to be paid by the Claimant, subject to detailed assessment