The right of local authorities to continue possession proceedings against introductory tenants has been under High Court scrutiny. The court has ruled that Lambeth London Borough Council cannot continue with possession against one such tenant.
On 3 March 2000, the council entered into a tenancy agreement with 62-year-old Alan Forbes. Seven months later, they gave notice to end the introductory tenancy on the ground that Forbes had allowed the premises to be used for drug dealing and immoral purposes, in breach of agreement.
Following a review, the council informed Forbes, in a letter dated 23 October 2000, that they would not terminate the tenancy provided that no further breaches were committed. On 9 March 2001, following complaints of noise disturbance, the council sent a second notice to terminate the tenancy, and later issued proceedings in Lambeth County Court.
In that court, Mr Recorder Atkins rejected Forbes’ claims that the March notice was invalid and that the effect of the review letter was to reverse the original decision to bring proceedings. However, the judge delayed making an order for possession to allow Forbes to mount a judicial review challenge to his decision.
In the High Court, Crane J rejected the council’s claims that the review letter did not quash or reverse the original decision and that the council were entitled to rely upon the original valid notice when they commenced proceedings in March 2001.
He held that after the review letter had been sent, no decision to take proceedings existed, which meant that the March 2001 notice was invalid on the basis that it had been served after the expiry of one year from the date of the tenancy agreement. Therefore, he said, the recorder did not have power to make the possession order sought by the council.
R (on the application of Forbes) v Lambeth London Borough Council Queen’s Bench Division: Administrative Court (Crane J) 18 February 2003.
Jamie Burton (instructed by Jockelson McNulty & Co) appeared for the appellant; Kerry Bretherton (instructed by the solicitor to Lambeth London Borough Council) appeared for the respondents.
References: PLS News 19/02/03
