In March 2001, before the anniversary of the tenancy start date, the council began a claim for possession after it received "complaints about noise and disturbance in and around" the flat.
The council relied on the October 2000 notice and claimed that because it was an introductory tenancy, the court had to grant possession.
A High Court judge decided that the county court could not grant possession. At the review stage, the council had effectively reversed the October 2000 notice. No new notice was served before the proceedings started so, as a result, Mr Forbes had become a secure tenant.
Source
Housing Today
Reference
This case demonstrates the care with which councils must phrase review decisions in introductory tenancy cases. It is possible to decide on review that an earlier notice will not be immediately enforced. However, the effect of Lambeth's notification was to set aside the original notice.
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