Burrows v Brent London Borough Council
| Jurisdiction | England & Wales |
| Judgment Date | 12 July 1995 |
| Date | 12 July 1995 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Butler-Sloss, Lord Justice Otton and Lord Justice Auld
Landlord and tenant - agreement made new tenancy
An agreement between a council as landlord and a tenant, whereby the tenant acknowledged arrears of rent and undertook to pay a weekly rent charge and to reduce the arrears by regular instalments, made after the council had obtained a 14-days final order for possession of the dwelling-house but before those 14 days had elapsed, permitted the tenant to remain in exclusive occupation of the property and amounted to either a grant of a new tenancy or a licence to occupy that property.
The Court of Appeal so held when dismissing the appeal of the London Borough of Brent from
(i) the declaration by Judge Finestein, QC, in Willesden County Court on August 19, 1994, that the plaintiff, Diane Sarah Elizabeth Burrows, was a secure tenant of the flat owned by the council, pursuant to an agreement made between them on February 5, 1992, and
(ii) granting a mandatory injunction against the council to re-admit her to the flat.
Mr Bryan McGuire for Brent; Mr William Geldart for Diane Burrows.
LORD JUSTICE AULD said that the council's policy of proceeding straight to a final order followed by such an agreement produced the reverse of what it sought to achieve, namely, the same result as obtaining a...
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