Brent London Borough Council v Hajan

Subject Matter

HOUSING — Secure tenancy — Claim for possession — Local housing authority seeking possession of property on various grounds including anti-social behaviour — Authority later seeking to amend particulars of claim to include mandatory ground of anti-social behaviour following notice of conviction for “serious offences” — Whether authority permitted to amend existing proceedings — Whether “proceedings” as referring to amended claim — Whether proceedings “begun” — Housing Act 1985 (c 68), ss 83A(2), 83ZA(9)

[2024] EWCA Civ 1260; [2025] KB 691; [2025] 2 WLR 503; [2024] WLR(D) 456, CA

HOUSING — Assured tenancy — Claim for possession — Housing Association obtaining suspended order for possession — Association later seeking possession on mandatory ground of anti-social behaviour following conviction of tenant’s carer son for serious offence — District judge varying original order into outright order — Whether court having power to vary suspended order for possession made on discretionary ground into unconditional order based on mandatory ground — Housing Act 1988 (c 50), s 9

[2024] EWCA Civ 1260; [2025] KB 691; [2025] 2 WLR 503; [2024] WLR(D) 456, CA

LANDLORD AND TENANT — Secure tenancy — Claim for possession — Landlord bringing claim for possession on discretionary grounds — Landlord later seeking to amend claim to include mandatory ground — Whether landlord required to bring fresh claim instead — Housing Act 1985 (c 68), ss 83A(2), 83ZA

[2024] EWCA Civ 1260; [2025] KB 691; [2025] 2 WLR 503; [2024] WLR(D) 456, CA

LANDLORD AND TENANT — Assured tenancy — Claim for possession — Landlord obtaining suspended order for possession on discretionary grounds — Landlord later seeking possession on mandatory ground — Whether court empowered to vary suspended possession order by making unconditional order on mandatory ground — Housing Act 1988 (c 50), s 9

[2024] EWCA Civ 1260; [2025] KB 691; [2025] 2 WLR 503; [2024] WLR(D) 456, CA

Commentary

Nearly Legal
Procedural tails and substantive dogs. Case comment