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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

20 SEP 2011

London Borough of Hounslow v Powell [2011] UKSC 8

Housing – possession proceedings – Article 8 – introductory tenancies – homelessness – proportionality review

23 February 2011
Supreme Court
Lord Phillips; Lord Hope; Lord Rodger; Lord Walker; Lade Hale; Lord Brown; Lord Collins
After the decision in Manchester City Council v Pinnock [2010] UKSC 45, a court hearing a claim for possession by a housing authority could assess the proportionality of granting a possession order where the relevant tenancy was an introductory tenancy or the person was homeless and in local authority accommodation.
On appeal from:
Salford City Council v Mullen & Ors [2010] EWCA Civ 336
Summary of judgment
(1) Three appellants appealed decisions made in relation to possession proceedings that had been brought against them by local authorities. Mr Hall (H) and Mr Frisby (F) were tenants under introductory tenancies (a form of tenancy introduced to tackle anti-social behaviour); Ms Powell had been granted a licence under the homeless regime of Part 7 of the Housing Act 1996.

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