Public sector residential tenancies

There are various types of tenancies which can be granted by local authorities (LAs) in England (tenancies granted by LAs in England cannot be Rent Act tenancies, assured tenancies or assured shorthold tenancies), including:

•
secure tenancy—this is the most common type of tenancy granted by LAs and is governed by section 79 of the Housing Act 1985 (HA 1985). See Practice Notes: Secure tenancies, The tenancy condition, Tenancies that are not secure, Assignment and succession of tenancy and Obtaining possession of a secure tenancy
•
demoted tenancy—a landlord can apply for a demotion order which terminates a secure tenancy and replaces it with a demoted tenancy if the tenant has engaged in housing-related anti-social conduct or has used

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Latest Property Disputes News

Property Disputes weekly highlights—21 November 2024

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal case on the court’s jurisdiction to vary a suspended possession order, Upper Tribunal decisions on the impact on limitation of non-payment of an application fee, and the reasonable repair assumption in determining rateable value, and a High Court case regarding adverse possession and trespass. It also includes the launch of the Law Commission’s consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, as well as the UK Judiciary’s release of the Senior President of Tribunals’ annual report for 2024.

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Court had jurisdiction to vary and convert suspended order to outright possession order (Kerr v Poplar HARCA)

Property Disputes analysis: In Kerr v Poplar HARCA [2024] EWCA Civ 120, the Court of Appeal considered whether the court had jurisdiction to vary a suspended possession order (SPO) made following a possession claim for rent arrears, to make an outright order for possession on the grounds of anti-social behaviour. The court held that a SPO originally based on a discretionary ground for possession can be converted into an outright possession order even where the new ground for possession is mandatory. Written by Laura Tweedy, mediator and barrister, and Callum Reid-Hutchings, barrister, both of Gatehouse Chambers.

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