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BRACKNELL FOREST BOROUGH COUNCIL v (1) HARRY MELVIN GREEN (2) DENISE ANN GREEN

When deciding whether to grant a local authority possession of a property under the Housing Act 1985 s.82, which was occupied by a tenant who had been in occupation for almost 50 years, the recorder had clearly taken into account the availability of suitable accommodation when considering whether it was reasonable to grant the order and was entitled to refuse to grant possession.

31 March 2009

The appellant local authority appealed against a decision refusing to grant possession of accommodation occupied by the respondent tenant (G). G and his sister occupied a three-bedroomed property owned by the local authority. G had originally moved in with his wife and children and succeeded to the tenancy on the death of his mother who had been a secure tenant under the provisions of the Housing Act 1985. G was now 50 years old and unmarried. The local authority served a notice on G seeking possession under s.82, relying on Sch.2 ground.16. The recorder held that whilst the accommodation was more extensive than was reasonably required by G and that alternative accommodation offered by the local authority was suitable it was not reasonable to make an order for possession. He held that whilst the offer of an alternative property was suitable there was no point in discussing that until the issue of reasonableness had been decided as, if it was unreasonable to make a possession order, ...

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