000			02016cab a22002055a 4500
001			L147285
008			090424e20090320xxk f v 000 0 eng d
035			_a(Sirsi) u147285
041	0		_aeng
245	0	0	_aBracknell Forest Borough Council v Green & Anor _h[electronic resource]
260			_c2009
590			_a[2009] EWCA Civ 238, 20 March 2009. Applications for possession orders should be made as early as possible; delay may mean the order is not granted. The appellant local authority (B) appealed against a decision made by a recorder refusing to grant possession of accommodation occupied by the respondent tenant (G) under the Housing Act S82. G was a secure tenant of a three bedroom house let to him by B. He had succeeded to the tenancy from his mother on her death and had lived in the property for most of his life since birth. The council had a pressing need to house families with children. G refused to move to suitable alternative accommodation, hence the application for a possession order. Held: appeal dismissed. The court had to consider the reasonableness of the decision. Biogen Inc v Medeva Plc applied. The Court ruled that the recorder had taken into account all the factors relevant to the reasonableness of the order and was entitled to conclude that the offer of suitable accommodation was outweighed by the length of G's occupation, his personal and family circumstances, his age and the permanently destabilising effect of a possession order on him. The terms of the Act explicitly envisaged cases where a tenant's personal circumstances might outweigh the pressures of public housing and other factors.
650	2	4	_aHOUSING ACT 1985 S2
650	2	4	_aBIOGEN INC V MEDEVA PLC
650	2	4	_aCIVIL PROCEDURE RULES 1998
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2009/238.html/ _zView the case at: www.bailii.org...
942			_n0
999			_c81467 _d81467