[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.