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Thompson v Elmbridge BC

Language: English Series: Weekly Law Reports ; (1987) 1 WLR 1425-1432(8)Publication details: 1987Subject(s): Summary: CA 14 July 1987 The tenancy of a dwelling-house had been granted to the applicant`s wife by the local authority and it was a secure tenancy for the purposes of Housing Act 1985 . The wife fell into rent arrears and a possession order was obtained against her and suspended, subject to payment of rent and arrears. Eventually she left the premises because of matrimonial problems having permitted arrears to accumulate so as to be in breach of the court order The applicant then applied to have the tenancy transferred to himself under Matrimonial Homes Act 1983 . The cc refused the application and the applicant appealed. CA upheld the cc`s decision, stating that a suspended possession order postponing possession so long as the tenant paid a weekly amount for rent and arrears, operated to terminate a secure tenancy when the tenant defaulted on making one payment. Accordingly, no secure tenancy existed to be passed on the applicant.
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Law report London Journal article ABS38433 (Browse shelf(Opens below)) 1 Available 10544-1001

CA 14 July 1987 The tenancy of a dwelling-house had been granted to the applicant`s wife by the local authority and it was a secure tenancy for the purposes of Housing Act 1985 . The wife fell into rent arrears and a possession order was obtained against her and suspended, subject to payment of rent and arrears. Eventually she left the premises because of matrimonial problems having permitted arrears to accumulate so as to be in breach of the court order The applicant then applied to have the tenancy transferred to himself under Matrimonial Homes Act 1983 . The cc refused the application and the applicant appealed. CA upheld the cc`s decision, stating that a suspended possession order postponing possession so long as the tenant paid a weekly amount for rent and arrears, operated to terminate a secure tenancy when the tenant defaulted on making one payment. Accordingly, no secure tenancy existed to be passed on the applicant.