Hertfordshire County Council v Davies [2017] EWHC 1488 (QB) (21 June 2017)

Hertfordshire County Council v Davies [2017] EWHC 1488 (QB) (21 June 2017)

The defendant's contract of employment required him to occupy the bungalow for the better performance of his duties, and this requirement continued to exist at the date of the notice to quit. The exception in paragraph 2 of Schedule 1 to the Housing Act 1985 therefore applies, and the defendant is not a secure tenant. The notice to quit was validly served. The statutory exception is not incompatible with the defendant's rights under Articles 8 and 14 ECHR, even taking into account his disability.

Citation
[2017] EWHC 1488
Parties
Claimant: Hertfordshire County Council; Defendant: Bryn Colin Davies
Jurisdiction
England and Wales
Judgment Date
21 June 2017
Procedural Posture
Possession Proceedings (landlord and Tenant) / High Court Trial Judgment
Outcome
Claim allowed. Possession order granted.
Legal Topics
Service Occupancy, Secure Tenancy, Notice to Quit, Housing Act 1985 Schedule 1 Para 2, Human Rights Act 1998, Article 8 ECHR, Article 14 ECHR, Disability Discrimination
Landlord and Tenant Public Law Human Rights Service Occupancy Secure Tenancy Notice to Quit Housing Act 1985 Schedule 1 Para 2 Human Rights Act 1998 +3 more

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Parties

Hertfordshire County Council

Claimant

Bryn Colin Davies

Defendant

Procedural Posture

Possession Proceedings (landlord and Tenant) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant's occupation of the bungalow was as a service occupier or tenant
  2. 2 Whether the exception in paragraph 2 of Schedule 1 to the Housing Act 1985 applies
  3. 3 Whether the notice to quit was lawfully served

Ratio Decidendi

The defendant's contract of employment required him to occupy the bungalow for the better performance of his duties, and this requirement continued to exist at the date of the notice to quit. The exception in paragraph 2 of Schedule 1 to the Housing Act 1985 therefore applies, and the defendant is not a secure tenant. The notice to quit was validly served. The statutory exception is not incompatible with the defendant's rights under Articles 8 and 14 ECHR, even taking into account his disability.

Court Disposition

Claim allowed. Possession order granted.

Orders

  • Defendant to give up possession of the bungalow to the claimant.
  • No declaration of incompatibility made under the Human Rights Act 1998.