A tenancy is not a secure tenancy if:ī) the terms on which it has been leased include provision for the lessor to obtain vacant provision from the landlord on the expiry of a specified period or when required by the lessor.” 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. Ms M defended and at first instance, the claim was before HHJ Jan Luba QC. Ms M was given a ‘temporary accommodation agreement’ by Barnet.Ībout a year later, Barnet served a Notice to Quit on Ms M and then brought possession proceedings. Barnet had taken a licence agreement with agents for the landlord in 2015, for a term of 12 months and thereafter month to month. Barnet found her to be intentionally homeless but continued to provide accommodation under Children Act 1989. Ms M was placed in temporary accommodation by LB Barnet following a homeless application.

Mohamed v London Borough of Barnet (2019) EWHC 1012 (QB)

What is evernote v 5.3