Hertfordshire County Council v Davies

Hertfordshire County Council v Davies

The Defendant was a service occupier whose right to occupy the Bungalow ended automatically with his dismissal. The exception in paragraph 2 of Schedule 1 to the Housing Act 1985 applied, so he was not a secure tenant. No breach of public law duties or discrimination was established that would provide a defence to possession. The exception is not incompatible with Article 14 read with Article 8 ECHR. The Council is entitled to possession.

Parties
Claimant: Hertfordshire County Council; Defendant: Bryn Colin Davies
Jurisdiction
England and Wales
Judgment Date
21 June 2017
Procedural Posture
Possession Claim (landlord and Tenant) / High Court Trial Judgment
Outcome
Claim allowed; possession granted to Claimant.
Legal Topics
Service Occupancy, Secure Tenancy, Notice to Quit, Disability Discrimination, Article 8 ECHR, Article 14 ECHR, Housing Act 1985, Protection From Eviction Act 1977, Equality Act 2010
Landlord and Tenant Public Law Human Rights Discrimination Law Service Occupancy Secure Tenancy Notice to Quit Disability Discrimination +5 more

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Parties

Hertfordshire County Council

Claimant

Bryn Colin Davies

Defendant

Procedural Posture

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

Legal Issues

  1. 1 What was the legal nature of the Defendant’s occupation of the Bungalow immediately before and after dismissal?
  2. 2 Is the Claimant entitled to rely on the exception in paragraph 2 of Schedule 1 to the Housing Act 1985?
  3. 3 Were any public law duties breached by the Claimant in seeking possession, and if so, with what consequences?

Ratio Decidendi

The Defendant was a service occupier whose right to occupy the Bungalow ended automatically with his dismissal. The exception in paragraph 2 of Schedule 1 to the Housing Act 1985 applied, so he was not a secure tenant. No breach of public law duties or discrimination was established that would provide a defence to possession. The exception is not incompatible with Article 14 read with Article 8 ECHR. The Council is entitled to possession.

Court Disposition

Claim allowed; possession granted to Claimant.

Orders

  • Possession of the Bungalow granted to Hertfordshire County Council.