R (on the application of McLellan) v Bracknell Forest BC; Reigate and Banstead BC v Benfield and another
R (on the application of McLellan) v Bracknell Forest BC; Reigate and Banstead BC v Benfield and another
- 2002
- Weekly Law Reports [2002] 2 WLR 1448-1482 (35) .
[2001]EWCA Civ 1510, 16 October 2001.Two appeals by housing authority tenants who held introductory tenancies with a one year probationary period as permitted under the Housing Act 1996 part V. In both cases the housing authority served a notice of proceedings under s128 of the 1996 Act to re-possess as a result of arrears of rent. The tenant has a right to review under s129 of the Act. In the first case (M) the review upheld the notice and the tenant sought judicial review of the notice on the ground that the introductory tenancy scheme was incompatible with relevant sections of the Human Rights Act 1998; in the second case the tenant (B) appealed against decision to give the housing authority possession. "Held" Appeals dismissed. The Housing Act 1996 s127 review conformed with the Human Rights Act 1998 s7 and provided a tenant with adequate protection. Questions of whether breach of human rights occurred can be considered at county court stage. M has been granted leave to appeal to HL. View judgment at www.courtservice.gov.uk.
HUMAN RIGHTS ACT 1998 S7(1)B
R V BRACKNELL FOREST BC EX P MCLELLAN
REIGATE AND BANSTEAD BC V BENFIELD AND ANOTHER
POSSESSION ORDERS
HOUSING ACT 1996 S127
HOUSING ACT 1996 S128
HOUSING ACT 1996 S129
RENT ARREARS
INTRODUCTORY TENANCIES
HUMAN RIGHTS ACT 1998 SCHED 1 PART I ART 6
COUNCIL HOUSING
HOUSING
INTRODUCTORY TENANTS (REVIEW) REGULATIONS 1997
HUMAN RIGHTS ACT 1998 SCHED 1 PART I ART 8
[2001]EWCA Civ 1510, 16 October 2001.Two appeals by housing authority tenants who held introductory tenancies with a one year probationary period as permitted under the Housing Act 1996 part V. In both cases the housing authority served a notice of proceedings under s128 of the 1996 Act to re-possess as a result of arrears of rent. The tenant has a right to review under s129 of the Act. In the first case (M) the review upheld the notice and the tenant sought judicial review of the notice on the ground that the introductory tenancy scheme was incompatible with relevant sections of the Human Rights Act 1998; in the second case the tenant (B) appealed against decision to give the housing authority possession. "Held" Appeals dismissed. The Housing Act 1996 s127 review conformed with the Human Rights Act 1998 s7 and provided a tenant with adequate protection. Questions of whether breach of human rights occurred can be considered at county court stage. M has been granted leave to appeal to HL. View judgment at www.courtservice.gov.uk.
HUMAN RIGHTS ACT 1998 S7(1)B
R V BRACKNELL FOREST BC EX P MCLELLAN
REIGATE AND BANSTEAD BC V BENFIELD AND ANOTHER
POSSESSION ORDERS
HOUSING ACT 1996 S127
HOUSING ACT 1996 S128
HOUSING ACT 1996 S129
RENT ARREARS
INTRODUCTORY TENANCIES
HUMAN RIGHTS ACT 1998 SCHED 1 PART I ART 6
COUNCIL HOUSING
HOUSING
INTRODUCTORY TENANTS (REVIEW) REGULATIONS 1997
HUMAN RIGHTS ACT 1998 SCHED 1 PART I ART 8