MARC details
| 000 -LEADER |
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| fixed length control field |
03204cam a2200409 4500 |
| 001 - CONTROL NUMBER |
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| control field |
ABS68045 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
040727n2004 000 0 eng u |
| 035 ## - SYSTEM CONTROL NUMBER |
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| System control number |
(Sirsi) u126950 |
| 245 ## - TITLE STATEMENT |
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| Title |
Kay and others v Lambeth LBC and London and Quadrant Housing Trust |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
|---|
| Date of publication, distribution, etc. |
2004 |
| 520 ## - SUMMARY, ETC. |
|---|
| Summary, etc. |
[2004] EWCA Civ 926, 20 July 2004. Appellant tenants (K) had possession of residential properties under a licence (later terminated and replaced by individual head leases with break clauses), granted to the second respondent housing trust (LO) by the first respondent local authority (LA). LA sort to terminate the leases proceeding against all but one of K for possession in "Bruton v London and Quadrant Housing Trust" ((HL), Abs60987). The judge found that the tenants had no security of tenure under the Housing Act 1985 Part IV. K contended that the judge had misconstrued the licence agreement: they were secure tenants of LA; Part IV of the Act was the only way that a landlord could terminate a tenancy to which it applied; and K had become direct tenants of LA after licence termination and before the granting of head leases. "Held": appeals dismissed. The judge was correct to construe the licence agreement as declaratory of the existing arrangement between the parties, in which there was no relationship of principal and agent between LA and LO and also correct in his construction of ss79-82 of the 1985 Act relating to security of tenure. There was no basis for applying the surrender exception by analogy to the termination of the lease. The first appellant's human rights defence against possession invoking Art 8 and Protocol 1 of Art 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was also dismissed. View judgment at www.courtservice.gov.uk. |
| 590 ## - LOCAL NOTE (RLIN) |
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| Local note |
ABS |
| 590 ## - LOCAL NOTE (RLIN) |
|---|
| Local note |
ABS |
| 590 ## - LOCAL NOTE (RLIN) |
|---|
| Local note |
ABS |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HOUSING ACT 1985 PART IV |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8(2) |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HOUSING ACT 1985 S79 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
BRUTON V LONDON AND QUADRANT HOUSING TRUST |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
SECURE TENANCIES |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HOUSING ACT 1985 S82 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HOUSING ACT 1985 S80 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HOUSING ACT 1985 S81 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
KAY AND OTHERS V LAMBETH LBC AND ANOTHER |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
LICENCE AGREEMENTS |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
BARRETT V MORGAN |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
MCLELLAN V BRACKNELL FOREST BC AND ANOTHER |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
WEDNESBURY PRINCIPLES |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
PROPORTIONALITY |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HARROW LBC V QAZI |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) |
|---|
| Topical term or geographic name as entry element |
LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW |
| 856 ## - ELECTRONIC LOCATION AND ACCESS |
|---|
| Uniform Resource Identifier |
<a href="https://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm">https://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm</a> |
| Public note |
View the judgment on the Court Service website... |
| 856 ## - ELECTRONIC LOCATION AND ACCESS |
|---|
| Uniform Resource Identifier |
<a href="https://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm">https://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm</a> |
| Public note |
View the judgment on the Court Service website... |
| 856 ## - ELECTRONIC LOCATION AND ACCESS |
|---|
| Uniform Resource Identifier |
<a href="https://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm">https://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm</a> |
| Public note |
View the judgment on the Court Service website... |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Suppress in OPAC |
0 |
