Introductory tenancies

The council granted Mr and Mrs Chowdhury a joint introductory tenancy. A housing benefit claim was lodged but not progressed because the tenants failed to supply further information.

Arrears accrued. Water rates were not paid. The council gave notice of its intention to claim possession and upheld it on review, which the tenants failed to attend. It then began possession proceedings.

The tenants obtained an adjournment and sought a judicial review in the High Court of the council's decision. They stated that housing benefit had in fact been awarded on a later claim.

They also said an appeal against the council's refusal to backdate the latter claim to the beginning of the tenancy was outstanding, and that the arrears had been cleared in any case.

The council's rent arrears team leader gave evidence that these were just the sort of tenants that the council did not want, because they only complied with their obligations in the face of actual or threatened court proceedings.

The judge dismissed the judicial review claim. He said it was for tenants to press their benefit claims and comply with their tenancy obligations.

The council had not made an unlawful decision to claim possession and had indicated that if the rent account was kept clear the warrant for possession would not be enforced.