References: Ind Summary 15-May-1995, Times 03-Apr-1995, (1995) 27 HLR 433, [1995] 2 EGLR 9, [1995] 44 EG 139, (1995) LG Rev 909, [1995] EG 54 (CS), [1995] NPC 46
Coram: Waite LJ
Ratio: A dwelling subtenant of part of premises comprised in a business lease became a secure tenant on the surrender of the mesne tenancy. S79 of the 1985 Act had ambulatory effect.
Waite LJ said: ‘The use of the term ‘at any time’ in section 79(1) shows that the section is to have ambulatory effect. Occupiers, that is to say, may be liable to pass in and out of secure tenant status – depending upon whether their landlord for the time being is or is not a local authority; or upon changes in the tenant’s own circumstances taking him in and out of the tenant condition.’
Statutes: Housing Act 1985 79(1)
This case is cited by:
- Cited – Ali Bhai and Another v Black Roof Community Housing Association Ltd CA (Times 15-Nov-00, Gazette 23-Nov-00, Bailii, [2000] EWCA Civ 276, [2001] 2 All ER 865)
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. . .
(This list may be incomplete)
Jurisdiction: EW
Last Update: 11-Oct-16
Ref: 78274
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