We represent an extremely vulnerable tenant in possession proceedings. Our client had been granted a flexible secure tenancy by the Council the term of which is due to end in 2020. Possession was sought by the Council based on rent arrears and grounds for alleged anti-social behaviour. Our client had difficulties in procuring legal advice and engaging in the proceedings because of longstanding and chronic health conditions. She ended up debarred from defending the possession claim and an outright order for possession was made.

We successfully appealed the making of the possession order and were granted permission to file and serve a defence on our client’s behalf.

Transfer of the case to the High Court was sought as the legal provisions that pertain to the notice requirements and correct procedural approach to terminating flexible tenancies during the fixed term are complex, unclear, and it is argued, need to be clarified in a reported case.

The outcome of this case is of importance to all secure flexible tenants during a fixed term, all prospective tenants being offered a flexible tenancy, and all local authorities who offer these types of tenancy, have such tenants, that may wish to seek possession during the fixed term.

The case has now been transferred to the High Court for a trial on this very issue.

Nilima Islam of our East Dulwich office is the solicitor with conduct.