Introductory tenancies

Merton granted Mr Williams an introductory tenancy in April 2000. Three months later it gave him notice of possession because he had failed to move in and rent arrears had accrued. He asked for a review but was refused, in a letter which referred to the arrears but not to the failure to occupy.

In November 2000 a possession order was granted and upheld by the Court of Appeal. Its judgment gives helpful guidance about possession claims against introductory tenants:

• the tenant is entitled to rely on convention rights covered by the Human Rights Act 1998, including the right to respect for a home
  
• the local judge cannot act incompatibly with those rights
  
• if the tenant protests an order for possession or there has been a procedural defect (such as failure to give reasons on review), the judge must consider whether to adjourn so the tenant can apply for a High Court review.

In this case the judge should have spotted the failure of the review decision letter to deal with the non-occupation point. But the order was upheld because Mr Williams agreed he had not moved in until 29 June 2000.