Landlord Defeated By Fraudulent Assignment

Fraudulent Assignment of Tenancy

Not Preventing Possession Order Per Se
Islington London Borough Council v Uckac and another
[2006] EWCA Civ 340
CA
30 March 2006
Daily Law Notes Report Summary

The wording of s 84(1) of and Sch 2, ground 5, to the Housing Act
1985 did not enable a landlord, induced to grant a secure tenancy
by a fraudulent misrepresentation, where there had been a valid
assignment to a person who was a party to the fraud, to obtain an
order for possession against the assignee.
Sch 2 provided a detailed and exhaustive code of the grounds on
which such a tenancy might be ended and an order for possession
obtained, so that the private law remedy of rescission of the
tenancy for fraudulent misrepresentation was not available to set
aside the tenancy.