When is a licence a secure tenancy?

Mohamed v London Borough of Barnet (2019) EWHC 1012 (QB) Ms M was placed in temporary accommodation by LB Barnet following a homeless application. Barnet found her to be intentionally homeless but continued to provide accommodation under Children Act 1989. The property was a private property. Barnet had taken a licence agreement with agents for the landlord in 2015, for a term of 12 months and thereafter month to month. Ms M was given a ‘temporary accommodation agreement’ by Barnet. About a year later, Barnet served a Notice to Quit on Ms M and then brought possession proceedings. Ms M defended and at first instance, the claim was before HHJ Jan Luba QC. Ms M’s defence was that her occupation met the conditions for a secure tenancy under section 79 Housing Act 1985, specifically that it dd not fall under the exceptions in Schedule 1 to the Act, because paragraph 6(b) of Schedule 1 was not met. Paragraph 6(b) provides “6. A tenancy is not a secure…

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