Ogwr BC v Dykes
Ogwr BC v Dykes
- 1989
- All England Law Reports (1989) 2 All ER 880-887(8) .
CA 9 November 1988 An appeal by the defendant (D) against a cc decision granting an order for possession , in favour of the council (O). In 1986 O granted D a licence to occupy a dwelling house with exclusive possession for 13 weeks. D stayed in possession and in February 1987 O gave notice of termination of the "licence" to occupy. D appealed to cc contending that she had a tenancy and not a licence. This was rejected by cc. D appealed. CA held that the provision of accommodation to D for a limited period, in fulfillment of O`s obligations under Housing Act 1985 s65(3) negatived the inference that a tenancy was created when D was allowed into the house in 1986. Appeal dismissed.
HOMELESSNESS
LOCAL AUTHORITIES
CA 9 November 1988 An appeal by the defendant (D) against a cc decision granting an order for possession , in favour of the council (O). In 1986 O granted D a licence to occupy a dwelling house with exclusive possession for 13 weeks. D stayed in possession and in February 1987 O gave notice of termination of the "licence" to occupy. D appealed to cc contending that she had a tenancy and not a licence. This was rejected by cc. D appealed. CA held that the provision of accommodation to D for a limited period, in fulfillment of O`s obligations under Housing Act 1985 s65(3) negatived the inference that a tenancy was created when D was allowed into the house in 1986. Appeal dismissed.
HOMELESSNESS
LOCAL AUTHORITIES