Southward Housing Co-Operative Ltd v Walker & Anor [2015] EWHC 1615 (Ch) (08 June 2015)

Southward Housing Co-Operative Ltd v Walker & Anor [2015] EWHC 1615 (Ch) (08 June 2015)

Tenancies granted by fully mutual housing co-operatives do not confer statutory security of tenure under Housing Acts 1985 or 1988. The tenancy agreement in question, though containing fetters on termination, was not intended to create a lease for life and cannot be transmogrified into a 90-year lease by operation of law. The agreement is construed as a periodic contractual licence, validly terminated by notice to quit. Statutory exclusions are not incompatible with ECHR Articles 8 and 14 in this context.

Citation
[2015] EWHC 1615 (Ch)
Parties
Claimant: Southward Housing Co-operative Limited; Defendant: Miss Vicky Walker; Defendant: Mr David Hay; Interested Party: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
08 June 2015
Procedural Posture
Possession Proceedings / High Court Trial
Outcome
Claim for possession granted; declaration of incompatibility refused.
Legal Topics
Security of Tenure, Fully Mutual Housing Co Operatives, Termination of Tenancy, Declaration of Incompatibility, Notice to Quit, Forfeiture, Human Rights Act 1998
Landlord and Tenant Housing Law Contract Law Human Rights Security of Tenure Fully Mutual Housing Co Operatives Termination of Tenancy Declaration of Incompatibility +3 more

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Parties

Southward Housing Co-operative Limited

Claimant

Miss Vicky Walker

Defendant

Mr David Hay

Defendant

Secretary of State for Communities and Local Government

Interested Party

Procedural Posture

Possession Proceedings / High Court Trial

Legal Issues

  1. 1 Whether tenancies granted by fully mutual housing co-operatives confer security of tenure
  2. 2 Whether the tenancy agreement creates a lease for life or a periodic tenancy
  3. 3 Whether statutory exclusions are compatible with ECHR Articles 8 and 14

Ratio Decidendi

Tenancies granted by fully mutual housing co-operatives do not confer statutory security of tenure under Housing Acts 1985 or 1988. The tenancy agreement in question, though containing fetters on termination, was not intended to create a lease for life and cannot be transmogrified into a 90-year lease by operation of law. The agreement is construed as a periodic contractual licence, validly terminated by notice to quit. Statutory exclusions are not incompatible with ECHR Articles 8 and 14 in this context.

Court Disposition

Claim for possession granted; declaration of incompatibility refused.

Orders

  • Possession order granted to Claimant
  • Defendants' application for declaration of incompatibility dismissed