000 01772cab a2200205 4500
001 ##L133606
008 060522n2006 000 0 eng u
035 _a(Sirsi) u133606
041 0 _aeng
245 0 0 _aJulie Hickey v Haringey London Borough Council
260 _c2006
520 _a[2006] EWCA Civ 373, 10 April 2006. Considers what was important for the purposes of the exception to the creation of a secure tenancy in the Housing Act 1985 Sched 1 para 6 in deciding whether a property had been leased with vacant position. Appeal by HI against a possession order made in favour of HA. A private landlord had a leased a flat to HA with vacant possession for use by it as temporary housing in accordance with Sched 1 para 6 of the Act. HA had granted a sub-tenancy to HI of a flat whose lease provided for the lessor to obtain possession at the end of the term. HA commenced possession proceedings against HI due to rent arrears. The judge made a possession order deciding that the exception in sched 1 para 6 applied and that HI did not have a secure tenancy. HI contended that the exception did not apply as neither the vacant possession requirements in paras 6(a) and 6(b) had been fulfilled. "Held": appeal allowed. The position between the lessor and HA was the important issue in deciding whether the flat had a lease with vacant possession. HI's actual occupation at any time was irrelevant
650 2 4 _aHOUSING ACT 1985 SCHED 1 PARA 6
650 2 4 _aHOUSING ACT 1985 SCHED 1 PARA 6(A)
650 2 4 _aHOUSING ACT 1985 SCHED 1 PARA 6 (B)
650 2 4 _aHICKEY V HARINGEY LBC
651 4 _aEngland and Wales
_y1543-
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/373.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77110
_d77110