Bracknell Forest Borough Council v Green & Anor

The Recorder did not err in law or principle; he considered all relevant factors, including the offer of suitable accommodation, and was entitled to conclude that the tenant's personal circumstances outweighed the public interest factors. The appeal court should not interfere with this evaluative judgment.

Parties: Appellant: Bracknell Forest Borough Council; First Respondent: Harry Melvin Green; Second Respondent: Denise Ann Green
Jurisdiction: England and Wales
Judgment Date: 20 March 2009
Procedural Posture: Civil Appeal / Appeal From County Court Judgment
Outcome: appeal dismissed
Legal Topics: Possession Proceedings, Secure Tenancy, Under Occupation, Reasonableness of Possession Order, Suitable Alternative Accommodation

Landlord and Tenant Law Housing Law Possession Proceedings Secure Tenancy Under Occupation Reasonableness of Possession Order Suitable Alternative Accommodation

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Parties

Bracknell Forest Borough Council

Appellant

Harry Melvin Green

First Respondent

Denise Ann Green

Second Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

1 Whether the Recorder gave insufficient weight to the factors favouring possession, including public housing needs and under-occupation
2 Whether the Recorder misdirected himself by excluding the availability of suitable accommodation from the reasonableness assessment

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Council to pay first respondent's costs of the appeal, subject to detailed assessment
Detailed assessment of first respondent's publicly funded costs