Holt v Reading Borough Council

The Recorder correctly applied the statutory test for reasonableness and suitability of alternative accommodation, balancing the appellant's personal circumstances and the council's housing needs, and had jurisdiction to make a conditional possession order based on essential characteristics rather than a specific property.

Parties: Appellant/defendant: Ms Wendy Ann Holt; Respondent/claimant: Reading Borough Council
Jurisdiction: England and Wales
Judgment Date: 07 June 2013
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Secure Tenancy, Possession Proceedings, Succession, Under Occupation, Suitable Alternative Accommodation

Housing Law Landlord and Tenant Secure Tenancy Possession Proceedings Succession Under Occupation Suitable Alternative Accommodation

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Parties

Ms Wendy Ann Holt

Appellant/defendant

Reading Borough Council

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether it was reasonable to make a possession order against the appellant under ground 16 of Schedule 2, Housing Act 1985
2 Whether suitable alternative accommodation would be available for the appellant when the order takes effect
3 Whether the Recorder erred in making a conditional possession order

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appellant to give possession of 28 Southdown Road, Emmer Green, Reading within 28 days of receipt of a formal binding offer of a secure one-bedroom property within 1.5 miles with storage for bicycle.
Liberty to either party to apply to the court in respect of the possession order process.