Source: All England Reporter
Publisher Citation: [2012] All ER (D) 129 (Jun)
Neutral Citation: [2012] EWCA Civ 839
Court: Court of Appeal, Civil Division
Judge:

Maurice Kay VP, Etherton and Aikens LJJ
Representation Jan Luba QC and Victoria Osler (instructed by Hodge Jones & Allen LLP) for the claimant.
  Andrew Arden QC and Abimbola Badejo (instructed by Law and Governance, London Borough of Camden) for the authority.
Judgment Dates: 20 June 2012

Catchwords

Housing - Local authority houses - Possession - Introductory tenancy - Claimant having introductory tenancy - Defendant local authority serving notice of possession proceedings following reports of antisocial behaviour - Review panel upholding validity of notice but recommending no proceedings at that time - Alternative measures being recommended - Further reports of claimant's antisocial behaviour - Authority commencing proceedings for possession - Court finding review decision not confirming earlier notice and authority not entitled to rely on earlier notice - Authority appealing - Whether review decision confirming original notice of proceedings for possession - Whether authority entitled to rely on earlier notice of proceedings for possession - , .

The Case

Housing Local authority houses. The Court of Appeal, Civil Division, in dismissing the defendant housing authority's appeal, held that a notice of proceedings for possession under s128 of the could not be expressed conditionally. Equally, a review decision under s129 of the Act which was expressed conditionally was not a confirmation of the decision notified under s128.

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