The Law Reports (Chancery Division)
[2016] Ch 443
Chancery Division
Southward Housing Co-operative Ltd v Walker and others
[2015] EWHC 1615 (Ch)
2015 Jan 19,
20;
June 8
Hildyard J
Housing— Non-secure tenancies— Possession proceedings— Tenants of fully mutual housing associations excluded from security of tenure provisions— Prohibition on discrimination in enjoyment of Convention rights on grounds of specified personal characteristics or “other status”— Whether status of tenant of fully mutual association “other status”— Whether exclusion from security of tenure breach of Convention rights— Whether necessary to read security of tenure provisions so as to apply to such tenants—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14
Landlord and tenant— Lease— Validity— Parties entering into tenancy agreement lease stated to provide weekly tenancy determinable by service of notice to quit— Whether fetter on landlord’s right to serve notice— Whether lease invalid as being for term of uncertain duration— Whether lease for life at common law converted by statute to 90-year lease irrespective of intention of parties— Whether agreement taking effect as contractual licence— Whether landlord entitled to order for possession—
Law of Property Act 1925 (15 & 16 Geo 5, c 20), s 149(6)