Possession cases and stock transfer

Several secure tenants had been served notices seeking possession and their council landlords had started eviction claims. Before the cases were heard, their homes transferred to RSLs and they became assured tenants. The RSLs decided to try to take over the existing court cases and continue the possession claims.

The RSLs applied to the court to excuse them from having to serve fresh notices and to permit them to carry on all the cases rather than having to start again. The senior local judge granted an order dispensing with notice in all affected cases.

The tenants successfully appealed. The Court of Appeal decided that a judgment on whether to dispense with an assured tenancy notice seeking possession needed to be made on the facts of each individual case. The court set out a procedure to be followed if a stock transfer landlord wanted to take over a council's possession cases.