| 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 |
||