Court rulings clear up complexities
Far from throwing a spanner in the works, various legal judgements made over the past few weeks provide important clarification on complex legal questions around flexible tenancies (‘Judge for yourself’, Inside Housing, 4 March).
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In none of the cases did the court suggest the landlord should not have been able to recover possession. Indeed, the Supreme Court has made it clear that in the vast majority of cases where local authority landlords have an unqualified right of possession, it will be proportionate to make a possession order.
And a closer reading of the court judgements does not support the conclusion Inside Housing editor Stuart Macdonald makes that possession cases will get bogged down in lengthy legal arguments. Rather, they emphasised the strong presumption that, if landlords have followed proper procedures - such as around giving tenants a right to review decisions - it will normally be proportionate to make a possession order. The court will give a lot of weight to the local authority’s legitimate aims in seeking possession.
The intention of time-limited tenancies is to give landlords greater control over ensuring that their social housing goes to those most in need. It’s senseless to pretend, especially in times of economic hardship, that everyone accessing social housing is in the same boat, and needs a lifetime tenancy.
Flexible tenancies will allow landlords to offer more people access to housing support when they need it, and when combined with the affordable rent element, will inject much-needed extra capital into the system to deliver new affordable homes.
They certainly will not make it impossible for landlords to recover possession; the Localism Bill includes the necessary safeguards - around, for example, review procedures - which these cases show to be a central issue.
Grant Shapps MP, minister for housing


