The Court of Appeal has issued new guidance on the procedures necessary in possession proceedings in respect of property that has been transferred by a local authority to a registered social landlord (RSL).
The court has ruled that where, during the course of possession proceedings, an authority has transferred its stock of housing to an RSL, the RSL must serve a notice, under section 8 of the Housing Act 1988, of its intention to issue court proceedings.
The court was told that, at the commencement of possession proceedings by the local authority, tenants of Knowsley Housing Trust and Helena Housing Trust had been secure council tenants. But, by the time of the hearing, they had become “assured” tenants by virtue of section 1(1) of the Act.
Allowing an appeal against a ruling by St Helens County Court that service of the Housing Act notice could be waived, Waller LJ said: “It seems to me that for the court to order substitution and a dispensing of the notice under section 8(1)(b) without some consideration of any objection to that course that may be taken by the tenant by reference to the facts of their case, simply on the basis that the tenant can take any point later, is illegitimate”.
Agreeing, Peter Gibson LJ said that it was not disputed that the effect of the transfer of title of each of the two properties was to convert a secure tenancy into an assured tenancy.
He said that, subject to section 8(1)(b) Housing Act 1988, the court would have no jurisdiction to try the claim unless the landlord had served notice in accordance with section 8 and had complied with the time limits stipulated in that section.
Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis Court of Appeal Peter Gibson, Waller and Jonathan Parker LJJ) 9 April 2003.
References: PLS News 9/4/03
