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Brentwood BC v Tonks

Shomik defended a possession claim brought against his client based on a notice to quit. The council argued that T's mother had succeeded to her own mother's tenancy and so upon her death, the T was unable to succeed. T argued that:

(a)    her mother was actually granted a new tenancy and so he could and did succeed as a matter of law; or

(b)   that with reference to Article 8 it was not proportionate to evict T in the particular circumstances of the case (as he had resided at the Property for many years and had a local support network of friends and family); or

(c)    that the decision to bring possession proceedings in the circumstances was irrational.