Q&As

Can you evict a tenant accommodated on a licence under section 193 of the Housing Act 1996 without an order for possession?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 09/09/2016

The following Local Government Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Can you evict a tenant accommodated on a licence under section 193 of the Housing Act 1996 without an order for possession?

This Q&A is to some extent an examination of the question before the Supreme Court in R (on the application of ZH & CN) v Newham LBC & Lewisham LBC; Secretary of State for Communities and Local Government. Lord Hodge summarised the issue at [16]:

‘In this appeal we are concerned only with whether an applicant is entitled to both a set period of notice and a court order before eviction if, on completing the section 188 investigation, a local authority finds him or her to be homeless intentionally or otherwise not entitled to the full housing duty under section 193 of the 1996 Act. The logic of the answer to that question will apply also to other temporary accommodation provided under Part VII of the 1996 Act, namely sections 188(3) (above), 190(2) (above), 200(1) (accommodation pending a possible referral to another authority), and 204(4) (accommodation pending the determination of an appeal).’

In ZH & CN, it held that in providing temporary accommodation, the local housing authority was not obliged either to serve

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