Essex CC V D&T

01 Jan 2018


Claim for possession by a local authority in relation to a pitch in a designated traveller site. D asserted an article 8 defence, but this was summarily dismissed as having no real prospects. A further preliminary issue was raised as to whether the authority was entitled to accept verbal notice to quit from a tenant, or whether there had to be strict compliance with the terms of the Mobile Homes Act 1983. It was held that the strict statutory requirements could be waived by the parties following the rationale in Hackney LBC v Snowden (2001) 33 HLR 49. D sought to appeal this, but was refused permission by Popplewell J at a contested hearing on 28/2/14.