Win for introductory tenant in the Court of Appeal

Wednesday 20 June 2012

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A young woman who faced eviction from her home will now stay-on as a secure tenant following a landmark judgment from the appeal court. The case establishes that if a council wants to evict an introductory tenant during their trial period they must give unconditional notice. If that decision to evict is not expressly and unconditionally confirmed on a review, the council must start the process over again.

Kellie Stafford was given notice early-on in her trial period that the council would evict her for nuisance. After a review hearing, the council notified her that instead of pursuing possession other measures would be taken. Following further nuisance complaints, it launched a possession claim without serving another notice. A judge threw out the council's possession claim and the appeal court has now rejected the council's appeal.

Jan Luba QC led Victoria Ostler for the tenant, instructed by Hodge Jones & Allen solicitors. For the judgment, click here.

Jan Luba QC is a member of Garden Court Chambers Housing Team.

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