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MANCHESTER CITY COUNCIL v PINNOCK (NO.2)

The Supreme Court considered the terms in which an order for possession should be made in order to avoid the unjust creation of a demoted tenancy under the Housing and Regeneration Act 2008 Sch.11 Pt 2.

14 February 2011

The Supreme Court was required to consider the terms of an order to be made after its decision in Manchester City Council v Pinnock (2010) UKSC 45, (2010) 3 WLR 1441. The appellant demoted tenant (P) had challenged an order for possession made in favour of the respondent local authority, requiring him to give up possession by January 12, 2009. He asserted that the judge at first instance should have taken into account the proportionality of such an order under the European Convention on Human Rights 1950 art.8. The Supreme Court agreed that proportionality should have been taken into account but concluded that possession was proportionate. The local authority submitted that if the Supreme Court simply upheld the original possession order, it would produce an unjust result due to the creation of a further demoted tenancy under the Housing and Regeneration Act 2008. The local authority argued that it should not have to incur the expense of further possession proceedings, and the court...

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