Another RSL ‘starter tenancy’ and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited – v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've seen a transcript].
This will be a quick note, as the general principle has been established that proportionality defences are available for Housing Association ‘starter tenancies’, being assured shorthold tenancies, where possession is sought via section 21 notice. In addition, Ms Thomas was in person, and failed to appear, after her solicitors came off the record for lack of co-operation, so the extent of argument was limited.
Ms … Read the full post
It is well worth a read, not only for Lady Hale fighting for the separation of the Supreme Court from Government by insisting on bottled water in the canteen in the face of MoJ policy, but for her views on the operation of the Supreme Court. There is much of interest on diversity on the bench and in the SC, and, for housing lawyers, particularly on the question of socio-economic ‘positive rights’, where she sees a mismatch … 
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