Source: All England Reporter
Publisher Citation: [2002] All ER (D) 68 (Nov)
Court: Court of Appeal, Civil Division

Chadwick LJ and Sir Denis Henry

Representation John Robson (instructed by Wortley, Redmayne & Kershaw, Chelmsford) for the landlord.
  Jane Evans-Gordon (instructed by the Bar Pro Bono Unit) for the tenant.
Judgment Dates: 6 November 2002


Landlord and tenant - Statutory tenancy - Access by landlord - Access to modify tenant's accommodation - Provision of suitable alternative accommodation - ss 98(1)(a), 116.

The Case

The court could not make an order under s98(1)(a) of the for possession of a tenant's accommodation where the order was to enable works to be done which, when completed, would have given the tenant suitable alternative accommodation, since s98(1)(a) of the Act required suitable alternative accommodation to be available at the time the order was made, or to be available by the time the order would come into force.

Practice Areas

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