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 occupation of the bungalow was as a service occupier, as his contract of employment required him to live there for the better performance of his duties. The exception in paragraph 2 of Schedule 1 to the Housing Act 1985 applied, so the defendant was not a secure tenant and had no security of tenure. The notice to quit was lawfully served. The statutory exception was not incompatible with the defendant's Convention rights under Articles 8 and 14 ECHR. No declaration of incompatibility was warranted.

Citation
[2017] EWHC 1488 (QB)
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, Housing Act 1985 Schedule 1 Para 2, Human Rights Act 1998, Article 8 ECHR, Article 14 ECHR, Disability Discrimination, Possession Proceedings, Public Law Defence
Landlord and Tenant Employment Law Human Rights Service Occupancy Secure Tenancy Housing Act 1985 Schedule 1 Para 2 Human Rights Act 1998 Article 8 ECHR +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 occupation of the bungalow was as a service occupier, as his contract of employment required him to live there for the better performance of his duties. The exception in paragraph 2 of Schedule 1 to the Housing Act 1985 applied, so the defendant was not a secure tenant and had no security of tenure. The notice to quit was lawfully served. The statutory exception was not incompatible with the defendant's Convention rights under Articles 8 and 14 ECHR. No declaration of incompatibility was warranted.

Court Disposition

Claim allowed. Possession order granted.

Orders

  • Defendant to give up possession of the School Bungalow, Cock Lane, Hoddesdon.
  • No declaration of incompatibility made under the Human Rights Act 1998.