000			03204cam a2200409 4500
001			ABS68045
008			040727n2004 000 0 eng u
035			_a(Sirsi) u126950
245			_aKay and others v Lambeth LBC and London and Quadrant Housing Trust
260			_c2004
520			_a[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			_aABS
590			_aABS
590			_aABS
650			_aHOUSING ACT 1985 PART IV
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8(2)
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650			_aHOUSING ACT 1985 S79
650			_aBRUTON V LONDON AND QUADRANT HOUSING TRUST
650			_aSECURE TENANCIES
650			_aHOUSING ACT 1985 S82
650			_aHOUSING ACT 1985 S80
650			_aHOUSING ACT 1985 S81
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
650			_aKAY AND OTHERS V LAMBETH LBC AND ANOTHER
650			_aLICENCE AGREEMENTS
650			_aBARRETT V MORGAN
650			_aMCLELLAN V BRACKNELL FOREST BC AND ANOTHER
650			_aWEDNESBURY PRINCIPLES
650			_aPROPORTIONALITY
650			_aHARROW LBC V QAZI
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm _zView the judgment on the Court Service website...
856			_uhttps://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm _zView the judgment on the Court Service website...
856			_uhttps://www.courtservice.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm _zView the judgment on the Court Service website...
942			_n0
999			_c117779 _d117779