Family Housing Association v Jones
Family Housing Association v Jones
- 1990
- All England Law Reports (1990) 1 All ER 385-397(7) .
CA 2 November 1989. A council granted a licence of freehold premises to a housing association to use as temporary housing for homeless families. In 1984 the appellant (J) applied to the council for housing as a homeless person and the council referred her to the housing association. In February 1985 she was allotted a 2 roomed self-contained flat held on licence. The agreement was described as being `for the use of temporary accommodation` in which clause 2 stated that this did not constitute a secure tenancy, in clause 3 that payment of an `accommodation charge` was weekly in advance and clause 5 that she did not have exclusive possession . The association retained keys. In April 1985 the council offered J another flat but she refused it. In September 1988 the association commenced proceeding for possession. It was held that as J was a licensee possession was granted on the grounds that the landlord had retained a key as a means of free entry therefore there was no exclusive possess
CA 2 November 1989. A council granted a licence of freehold premises to a housing association to use as temporary housing for homeless families. In 1984 the appellant (J) applied to the council for housing as a homeless person and the council referred her to the housing association. In February 1985 she was allotted a 2 roomed self-contained flat held on licence. The agreement was described as being `for the use of temporary accommodation` in which clause 2 stated that this did not constitute a secure tenancy, in clause 3 that payment of an `accommodation charge` was weekly in advance and clause 5 that she did not have exclusive possession . The association retained keys. In April 1985 the council offered J another flat but she refused it. In September 1988 the association commenced proceeding for possession. It was held that as J was a licensee possession was granted on the grounds that the landlord had retained a key as a means of free entry therefore there was no exclusive possess