Starter Tenancies and Public Law Defences
28/04/2010
The High Court has given judgment in one of the first reported cases on the operation of ‘starter tenancies’ and the deployment of ‘public law’ defences against accelerated possession claims.
Eastlands Homes v Whyte [2010] EWHC 695 (QBD) HHJ Holman sitting as a Judge of the High Court
> judgment
Eastlands Homes brought accelerated proceedings against Sandra Whyte on the basis that she was an assured shorthold tenant and had accrued rent arrears. She defended the proceedings, arguing that the decision was flawed in public law terms. HHJ Holman found that Eastlands’ Review Panel had (1) failed to comply with important aspects of its own stated review procedures (2) failed to follow or have any proper regard to the contents of its own policies on rent arrears and the eviction of starter tenants. He dismissed the claim for possession, with the result (due to the terms of the contract between the parties) that Ms Whyte became a fully assured tenant. Permission to appeal was granted to Eastlands (who accepting the effect of Weaver had sought to argue that it was not a public authority/body) but no appeal was thereafter lodged.
Ben McCormack of GCN acted for Ms Whyte, instructed by Jane Thompson of North Manchester Law Centre.
