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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Pollards Hill Housing Association v Marsh  EWCA Civ 199 (5 February 2002)
Cite as:  EWCA Civ 199
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ON APPEAL FROM THE HIGH COURT
CROYDON COUNTY COURT
(District Judge Fink)
Tuesday 5 February 2002
B e f o r e :
LORD JUSTICE KAY
SIR ANTHONY EVANS
|POLLARDS HILL HOUSING ASSOCIATION||Claimant/Respondent|
appeared on behalf of the Appellant
MR A MANN QC and MR S MAUGER (instructed by Travers & Hamlins, Sceptre Court, 40 Tower Hill, London EC3N)
appeared on behalf of the Respondent
Crown Copyright ©
Tuesday 5 February 2002
"The following are the only grounds and circumstances in which the association will serve notice and seek to recover possession."
"You or anyone living in or visiting the Premises have been guilty of conduct causing or likely to cause a nuisance or annoyance to others living, visiting or carrying out a lawful activity in the locality, or you have been convicted of using the Premises for immoral or illegal purposes or of an arrestable offence carried out at or in the locality of the Premises. (Ground 14)"
"The tenant or a person residing in or visiting the dwelling house --
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of --
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an arrestable offence committed in, or in the locality of, the dwelling-house."
"You have security of tenure as an Assured Tenant so long as you occupy the Premises as your only or principal home. The Association can only end the Tenancy by obtaining a court order for possession of the Premises on one of the grounds listed in Schedule 2 of the Housing Act 1988 (as amended by the Housing Act 1996)"
clearly does no more than to describe the rights that the defendant would receive under the assured tenancy. It gives her no additional rights of any kind over and above the statutory rights, and it makes clear that the association can obtain a court order for possession on one of the grounds listed in schedule 2 of the Act.
"The Court will not make an order unless the Association shall have served on you a notice in writing complying with the requirements of the Housing Act 1988 (as amended) or the Court considers it just and equitable to dispense with service of such a notice."