Bracknell Forest Borough Council v Green and another – WLR Daily

Posted March 24th, 2009 in housing, law reports by sally

Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106

Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”

WLR Daily, 23rd March 2009


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