This case was about an introductory tenancy. The landlord had decided that the tenancy should not continue and had sent the tenant what it considered to be an effective notice requiring him to vacate the property. He had asked for a review of that decision by the council which took place and in which the original decision that he should vacate the property was upheld.
The tenant then appealed the council’s decision in court. The arguments in court were about whether or not the documents sent to the tenant were a proper notice under the relevant Act of Parliament (so it was a technical legal point). The first judge who heard the case said it was and he ordered the tenant to leave the property. The tenant appealed that decision and won. So he was allowed to stay. The council appealed that decision and they won. So the tenant eventually had to leave.
The documents sent to the tenant were a letter and a number of other documents. Contained within different parts of all of the documents was all the information that the Act of Parliament says has to be included in the notice but the fact that this information was not all in the letter led to 3 expensive hearings.
The message to tenants is twofold. Firstly, if you enjoy the benefits of an introductory tenancy be on your best behaviour. It’s easier for your landlord to evict you than it is if your tenancy is secured; secondly if you receive a notice telling you that the council want to evict you read all the information in every document that you receive. Get advice if there is anything in those documents that you don’t understand. Free advice is available from a number of places (e.g. citizens advice bureau or a law centre).
The message to landlords is that in order to avoid spending more than is necessary on legal fees make sure that the information you need to convey is prominent and easy to understand.