High Court (Chancery): Southward Housing Co-Operative v Walker & Anor

June 9, 2015

Southward Housing Co-Operative Ltd v Walker & Anor [2015] EWHC 1615 (Ch) (08 June 2015)

This case concerned the nature and effect of tenancies granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained.

The defendants also applied for a declaration of incompatibility in relation to section 80 of the Housing Act 1985 and paragraph 12(1)(h) of Schedule 1 to the Housing Act 1988 pursuant to section 4 of the Human Rights Act 1998.

As a result there were issues of both private and public law involved and, given the number of tenancies potentially affected, these were of general importance, Mr Justice Hildyard said.

The Secretary of State for Communities and Local Government was added as an interested party

For the claimant (Southward Housing Co-Operative Ltd): Brynmor Adams of Five Paper Buildings, instructed by Glazer Delmar.

For the defendants: Toby Vanhegan and Tobias Eaton of Arden Chambers, instructed by South West London Law Centre).

 For the interested party: Oliver Jones of Brick Court Chambers, instructed by Treasury Solicitor.

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