Swindon BC v Aston (Record no. 71976)

MARC details
000 -LEADER
fixed length control field 02111cam a2200277 4500
001 - CONTROL NUMBER
control field ABS66368
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030127n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121131
245 ## - TITLE STATEMENT
Title Swindon BC v Aston
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 02 EG 104 (CS)
520 ## - SUMMARY, ETC.
Summary, etc. [2002] EWCA Civil 1850,19 December 2002. Appellant (A) had originally been a secure tenant of respondent's (S) predecessors in title. A possession order was made against A in late 1991 on the ground of unpaid rent arrears. By January 1996 A had paid off all of the arrears although he had twice breached the terms of the possession order which had been twice suspended. In1997 S purported to provide A with a new tenancy agreement, complaining later to A about his alleged breaches of this agreement. In November 2000 S served A with a notice to quit and a 'without prejudice' possession notice under the Housing Act 1985 s83. The former would be applicable if A were not a secure tenant; if he were a secure tenant a s83 notice would be necessary to terminate his tenancy. The district judge held that A did not hold a secure tenancy since his tenancy had determined on the breach of the 1991 order and not been revived thereafter. A appealed. "Held" appeal allowed. A remained as a 'tolerated trespasser' in possession after breach of the 1991 order, which ceased to have effect once the arrears of rent had been paid off in 1996. After this A's occupation of the property had to be referable to a newly-created secure tenancy. As the 1991 order could not be nor needed to be rescinded, A was entitled to security of tenure under the new secure tenancy.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
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 NOTICES TO QUIT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element POSSESSION ORDERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOLERATED TRESPASSERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S83
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S85
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SWINDON BC V ASTON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MARSHALL V BRADFORD MDC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BURROWS V BRENT LBC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GREENWICH LBC V REGAN
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     London London Journal article 27/01/2003   ABS66368 121131-1001 06/08/2019 1 06/08/2019 Law report