000			02262cam a2200337 4500
001			ABS65751
008			020802n2002 000 0 eng u
035			_a(Sirsi) u119163
245			_aR (on the application of McLellan) v Bracknell Forest BC; Reigate and Banstead BC v Benfield and another
260			_c2002
490			_aWeekly Law Reports _v[2002] 2 WLR 1448-1482 (35)
520			_a[2001]EWCA Civ 1510, 16 October 2001.Two appeals by housing authority tenants who held introductory tenancies with a one year probationary period as permitted under the Housing Act 1996 part V. In both cases the housing authority served a notice of proceedings under s128 of the 1996 Act to re-possess as a result of arrears of rent. The tenant has a right to review under s129 of the Act. In the first case (M) the review upheld the notice and the tenant sought judicial review of the notice on the ground that the introductory tenancy scheme was incompatible with relevant sections of the Human Rights Act 1998; in the second case the tenant (B) appealed against decision to give the housing authority possession. "Held" Appeals dismissed. The Housing Act 1996 s127 review conformed with the Human Rights Act 1998 s7 and provided a tenant with adequate protection. Questions of whether breach of human rights occurred can be considered at county court stage. M has been granted leave to appeal to HL. View judgment at www.courtservice.gov.uk.
590			_aABS
600			_aHUMAN RIGHTS ACT 1998 S7(1)B
650			_aR V BRACKNELL FOREST BC EX P MCLELLAN
650			_aREIGATE AND BANSTEAD BC V BENFIELD AND ANOTHER
650			_aPOSSESSION ORDERS
650			_aHOUSING ACT 1996 S127
650			_aHOUSING ACT 1996 S128
650			_aHOUSING ACT 1996 S129
650			_aRENT ARREARS
650			_aINTRODUCTORY TENANCIES
650			_aHUMAN RIGHTS ACT 1998 SCHED 1 PART I ART 6
650			_aCOUNCIL HOUSING
650			_aHOUSING
650			_aINTRODUCTORY TENANTS (REVIEW) REGULATIONS 1997
650			_aHUMAN RIGHTS ACT 1998 SCHED 1 PART I ART 8
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.courtservice.gov.uk/View.do?id=384 _zView the judgment on the Court Service website...
942			_n0
999			_c70884 _d70884