R (on the application of Kilby) V Basildon DC (Record no. 78870)

MARC details
000 -LEADER
fixed length control field 01777cab a22002175a 4500
001 - CONTROL NUMBER
control field L138453
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070607s2007 xxk w 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u138453
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title R (on the application of Kilby) V Basildon DC
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWCA Civ 479, 14 February 2007. Considers whether a local authorities may lawfully bind itself by contract to subject its statutory power, to vary its tenancy agreements by notice, to the satisfaction of tenants or their representatives. K was a secure tenant in property belonging to the local authority (B). A clause in the standard contract stated that B could vary the terms of contract if this was agreed to at a special meeting in which 25% of tenants were represented. B wished to make changes to conditions of its tenancies including the removal of this clause, and consulted but did not seek this approval under the clause. The judge held that the clause was ineffective as it contradicted the Housing Act 1985 s102(1). K appealed on the grounds the judge had reached the wrong conclusion. "Held": The Housing Act 1985 s21 provided B with unilateral powers to alter tenancies, and the clause within those tenancies was incompatible with those powers. It effectively fettered statutory powers. B was not able to give up its unilateral power of variation.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V BASILDON DC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S21
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S102(1)
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
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 48 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2007/479.html">https://www.bailii.org/ew/cases/EWCA/Civ/2007/479.html</a>
Public note View the article online at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 07/06/2007   ONLINE PUBLICATION 138453-1001 06/08/2019 1 06/08/2019 Journal article