Alamo Housing Co-Operative Ltd v Meredith & Ors

Alamo Housing Co-Operative Ltd v Meredith & Ors

The Exception in Clause 2(1) of the Lease conferred on Alamo a continuing right to possession for the purpose of evicting subtenants after the Council's Notice to Quit had expired. This right was sufficient to enable Alamo to bring possession proceedings, as it was necessary to fulfil the Council's requirement to hand over the premises with vacant possession.

Parties
Respondent: Alamo Housing Co-Operative Ltd; Appellants: Meredith & Ors
Jurisdiction
England and Wales
Judgment Date
04 April 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Right to Possession, Effect of Lease Termination, Standing to Bring Possession Proceedings, Subleases, Notices to Quit
Land Law Landlord and Tenant Right to Possession Effect of Lease Termination Standing to Bring Possession Proceedings Subleases Notices to Quit

Case Brief

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Parties

Alamo Housing Co-Operative Ltd

Respondent

Meredith & Ors

Appellants

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether Alamo had sufficient interest to bring possession proceedings after expiry of its lease following Council's Notice to Quit
  2. 2 Interpretation of lease clause conferring right to possession for eviction purposes

Ratio Decidendi

The Exception in Clause 2(1) of the Lease conferred on Alamo a continuing right to possession for the purpose of evicting subtenants after the Council's Notice to Quit had expired. This right was sufficient to enable Alamo to bring possession proceedings, as it was necessary to fulfil the Council's requirement to hand over the premises with vacant possession.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in all cases
  • Appellants to pay respondent’s costs (£738.84 in case 2002/2376; detailed assessment in others)