When Islington wanted the properties back, it gave Alamo a notice to quit. Alamo then gave notice to the tenants and, when they failed to leave, it claimed possession.
The former tenants took the view that, because the council’s notice to quit had ended Alamo’s lease, it had no right to the properties and therefore could not claim possession.
The Court of Appeal disagreed. The lease between the council and Alamo contained a proviso that a notice would determine the lease “except for the purpose of enabling eviction if required by the council”. In the court’s judgment, that exception was sufficient to give Alamo a right to possession as against the former tenants.
Source
Housing Today
Reference
It is unusual, but not unknown, for a person without legal title to be granted a possession order. Here, careful drafting of the lease enabled the council to secure its objective of ensuring that it had its properties back from Alamo with vacant possession.
