Litigation Recent Decisions 20/02/96

Conditions for terminating a secure tenancy

Greenwich London Borough Council v Regan (1996).

CA (Millett LJ and Ward LJ) 31/1/96.

Summary: The suspension of a possession order pending payment of rent arrears does not create a new tenancy but the existing tenancy continues under s.85(2) Housing Act 1985 until the warrant for possession is executed.

Tenant's appeal against the dismissal of his application for a stay of a possession order which had been obtained against him by the council in 1989 but which had been suspended upon weekly payments being made off the arrears. The tenant had argued that a new secure tenancy had arisen by reason of the provisions of s.82 Housing Act 1985 to the effect that a periodic tenancy could not be brought to an end by the landlord except by obtaining an order of the court for possession.