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Example Conference Possession Notes

BPTC Law Notes > Property and Chancery Notes

This is an extract of our Example Conference Possession document, which we sell as part of our Property and Chancery Notes collection written by the top tier of City Law School students.

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INTRODUCTION Name and role Purpose of conference Agenda AREAS OF QUESTIONING Claim: Public Sector Tenancies/ Secure Tenancies Single occupancy discount?
Applications for benefits?
Are the rents paid up to date?
Have there been any complaints from the neighbour/local authority?
How many people living at property?
Are there any redevelopment projects in the area?
Any notice of this given by the Council of such projects?
ADVICE a. Law of Succession One Succession HA 1985In Birmingham CC v Walker, HL held that where the first succession took place before the Housing Act 1985 or before its predecessor comes into force, that was not a succession for an assured tenancy. So the second tenants could succeed the tenant. Husband and Wife has a tenancy and the husband died before the Housing Act 1980 - which was the predecessor to the Housing Act 1985. So the wife succeeded to the tenancy before secure tenancies were invented by HA 1980, and when she died much later, the son claims succession on death and the Council argued he was a second successor, thus he could not succeed. However, the Court held that he was the first successor because the wife had succeeded before HA 1980/5, before the concept of secure tenancies have come into force, the son was the first successor to a secure tenancy, so he could succeed.

b. Possession Proceedings

Secure TenanciesA tenancy is secure if:The landlord is a public landlord such as a local authority, housing action trust and certain types of housing cooperatives. For the full list, see s.80.The tenant is an individual who occupies the premises as his/her only or principal home (see Crawley BC v Sawyer): s.81.

Categories of Order i.

Order for possession (s83) which will not be granted unless the landlord follows the notice requirements stipulated in the s83 HA 1985 or the Court dispenses with them and the Court is satisfied that one (1) or more of the possession grounds in Schedule 2 HA 1985 is made out;

ii. A demotion order under s.82A which terminates the secure tenancy if the Court finds there had been anti-social behaviour;

iii. An order terminating a fixed term secure tenancy so that a periodic tenancy arises instead (s 82(3)). The landlord can terminate the fixed term if there is a forfeiture clause or other termination clause in the tenancy agreement. However, statutory periodic tenancy would arise instead and the landlord would have to take possession on the statutory grounds to end the statutory periodic tenancies that arises.

Termination In order to obtain possession, the Local Housing Authority must follow notice the provision of s83 of the 1985 Act (if they do not, the Court has no authority to jurisdiction to entertain the proceedings) and claim for forfeiture or re entry, as well as one (1) of the grounds for possession in Schedule 2. A secure periodic tenancy, whether it was always periodic or has arisen after the end of the fixed term, cannot be terminated by notice to quit. The landlord can only obtain possession on one (1) of the grounds set out in Schedule 2 of the s84(1).

?????Grounds 1 - 8: the court may order possession if it thinks it reasonable Ground 1: Rent Arrears Ground 2: Nuisance, annoyance or criminal conviction or illegal or immoral Ground 2A: Domestic Violence Ground 4: Ill treatment of Furniture
?????Grounds 9 - 11: the court may order possession if suitable alternative accommodation is available Ground 9:

Dwelling house is overcrowded

Ground 10:

Landlord wishes to demolish or redevelop property

Ground 10A:

Redevelopment scheme

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