Greenwich London Borough Council v Regan
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1996 |
| Date | 31 January 1996 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Millett and Lord Justice Ward
Landlord and tenant - secure tenancy - new tenancy not created by landlord waiving breaches
It was a question of fact in every case whether a new tenancy or a licence was created when a landlord, who had obtained a suspended possession order for non-payment of rent against a secure tenant, allowed the tenant to remain in occupation after a breach of the order or reached agreement with the tenant as to the repayment of rent arrears.
In a case where the landlord had waived breaches of the tenancy agreement, the original tenancy agreement continued in being and sections 82(1) and 85 of Part IV of the Housing Act 1985 did not operate to bring into being a new tenancy or licence.
The Court of Appeal so held dismissing an appeal by Robert Regan against the dismissal by Judge Harris in Woolwich County Court on September 7, 1995 of his application for a stay of possession and giving leave to his landlord, the London Borough of Greenwich to execute a warrant for possession of 48 Wixom House, Kidbrooke, Blackheath for non-payment of rent.
Section 82 of the 1985 Act provides: "(1) A secure tenancy which is … a weekly or other periodic tenancy … cannot be brought to an end by the landlord except by obtaining an order of the court for the possession of the dwelling-house."
Section 85 provides: "(2) On the making of an order for possession of such a dwelling-house … or at any time before the execution of the order, the court may (a) stay or suspend the execution of the order, or (b) postpone the date of possession for such period or periods as the court thinks fit.
"(3) On such an adjournment, stay, suspension or postponement the court (a) shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy (mesne profits), unless it considers that to do say would cause exceptional hardship the tenant or would otherwise be unreasonable."
Mr William Geldart for the tenant; Mr Ian Peacock for the council.
LORD JUSTICE MILLETT said the council had first served the tenant with a notice seeking possession for rent arrears in September 1988. Proceedings had begun in June 1989 and on July 24, 1989 an order for possession had been made, suspended upon weekly payments of £1.75 towards the arrears.
There had...
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