Westminster CC v Clarke
Westminster CC v Clarke
- 1992
- New Law Journal 142(6539) 14 February 1992, 196-200 .
HL 6 February 1992. The council (W) decided that the respondent C, was a vulnerable person who was homeless and had a priority need of accommodation under Housing Act 1885 s59(1)(c) and placed him in a hostel as a first step towards housing him. C was granted a `license to occupy` which provided that he had no right of exclusive occupation of any room which might be allocated to him and it did not create a landlord and tenant relationship. Under the license W could alter the accommodation without notice and could require the licensee to share that accommodation. Six months later W served C with a notice to quit for breaches of the conditions of occupation arising out of his conduct. When he refused W brought proceedings in the county court claiming possession. The judge held C was not a secure tenant under Housing Act 1985 part IV and granted a possession order. C applied to CA which allowed his appeal. W applied to HL which allowed the appeal on the grounds that C had never enjoyed
EXCLUSIVE OCCUPATION
EXCLUSIVE POSSESSION
HOMELESSNESS
HOUSING ACT 1985 PART IV
HOUSING ACT 1985 S59(1)(C)
LEASE V LICENCE
LICENCES TO OCCUPY
NOTICE TO QUIT
PRIORITY NEED
RENT ACTS
SECURE TENANCIES
HL 6 February 1992. The council (W) decided that the respondent C, was a vulnerable person who was homeless and had a priority need of accommodation under Housing Act 1885 s59(1)(c) and placed him in a hostel as a first step towards housing him. C was granted a `license to occupy` which provided that he had no right of exclusive occupation of any room which might be allocated to him and it did not create a landlord and tenant relationship. Under the license W could alter the accommodation without notice and could require the licensee to share that accommodation. Six months later W served C with a notice to quit for breaches of the conditions of occupation arising out of his conduct. When he refused W brought proceedings in the county court claiming possession. The judge held C was not a secure tenant under Housing Act 1985 part IV and granted a possession order. C applied to CA which allowed his appeal. W applied to HL which allowed the appeal on the grounds that C had never enjoyed
EXCLUSIVE OCCUPATION
EXCLUSIVE POSSESSION
HOMELESSNESS
HOUSING ACT 1985 PART IV
HOUSING ACT 1985 S59(1)(C)
LEASE V LICENCE
LICENCES TO OCCUPY
NOTICE TO QUIT
PRIORITY NEED
RENT ACTS
SECURE TENANCIES