Southward Housing Co-Operative Ltd v Walker & Anor

Southward Housing Co-Operative Ltd v Walker & Anor

Tenancies granted by fully mutual housing co-operatives are excluded from statutory security of tenure by operation of the Housing Act 1985 and Housing Act 1988. The tenancy agreement in question is a periodic tenancy, not a lease for life, and is validly terminated by notice to quit in accordance with its terms. The exclusion does not constitute discrimination under Article 14 ECHR, nor is the landlord a public authority for purposes of the Human Rights Act. No declaration of incompatibility is warranted.

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 / Judgment After Trial
Outcome
Defence and counterclaim dismissed; possession order granted to Claimant.
Legal Topics
Security of Tenure, Discrimination, Possession Orders, Contractual Licences, Forfeiture, Declaration of Incompatibility, Article 8 ECHR, Article 14 ECHR, Article 1 Protocol 1 ECHR
Landlord and Tenant Human Rights Property Law Public Law Security of Tenure Discrimination Possession Orders Contractual Licences +5 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 / Judgment After 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 exclusion from statutory security of tenure is discriminatory under Article 14 ECHR

Ratio Decidendi

Tenancies granted by fully mutual housing co-operatives are excluded from statutory security of tenure by operation of the Housing Act 1985 and Housing Act 1988. The tenancy agreement in question is a periodic tenancy, not a lease for life, and is validly terminated by notice to quit in accordance with its terms. The exclusion does not constitute discrimination under Article 14 ECHR, nor is the landlord a public authority for purposes of the Human Rights Act. No declaration of incompatibility is warranted.

Court Disposition

Defence and counterclaim dismissed; possession order granted to Claimant.

Orders

  • Order for possession of the property in favour of the Claimant
  • Orders for arrears of rent and/or use and occupation charges/mesne profits