Southward Housing Co-operative Ltd v Walker

Subject Matter

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, s 149(6)

[2015] EWHC 1615 (Ch); [2016] Ch 443; [2016] 2 WLR 605; [2015] WLR (D) 246, Ch D

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, Sch 1, Pt I, art 14

[2015] EWHC 1615 (Ch); [2016] Ch 443; [2016] 2 WLR 605; [2015] WLR (D) 246, Ch D