Banjo v Brent LBC (Record no. 75710)

MARC details
000 -LEADER
fixed length control field 02357cab a2200253 4500
001 - CONTROL NUMBER
control field L130574
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050815n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130574
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Banjo v Brent LBC
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2005] 1 WLR 2520-2532(13)
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 292, [2005], 13 EG 134 (CS) 17 March 2005. Discusses the issue of security of tenure under the Housing Act 1985 Part IV where a tenant had occupied the landlord's property under a tenancy at will. The tenant, Banjo (B), had occupied a dwelling under a long lease and had remained in occupation, paying no rent, after the expiration of the lease. The previous judge had held that B held a secure tenancy under Part IV and refused the appellant local council (C) an order for possession. C argued that the judge had failed to understand that s86 of the Act provided that a secure tenancy could not arise simply because a tenant continued to occupy a property after his fixed term tenancy ended in a case where the fixed term was for more than 21 years. B submitted that s86 was intended to create a system by which secure fixed term tenancies became secure periodic tenancies upon termination of the contractual term, arguing that s86 did not prevent a secure tenancy from coming into existence under s79 of the Act if it would otherwise do so. "Held": s86 did not apply, the original tenancy, being a long tenancy, did not have security of tenancy as of Sched 1 para 1. The judge had misapplied s80 and s81 in finding the tenancy fulfilled the conditions for security of tenure. It was considered doubtful whether Parliament intended that a tenancy at will could be a secure tenancy for the purposes of Part IV, even where the conditions in s80 and s81 were satisfied.
590 ## - LOCAL NOTE (RLIN)
Local note IKA160805
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BANJO V BRENT LBC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CHAMBERLAIN V FARR
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CRANE V MORRIS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FRANCIS JACKSON DEVELOPMENTS LTD V STEMP
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HARRISON V HAMMERSMITH AND FULHAM LBC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JAVAD V AQIL
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/292.html&query=banjo+brent&method=all">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/292.html&query=banjo+brent&method=all</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journal article 15/08/2005   L130574 130574-1001 06/08/2019 1 06/08/2019 Journal article