A dwelling was let to a couple with two children. In 1987, the husband moved out of the flat and surrendered the tenancy, which was transferred to the wife.

The wife later moved out and was granted a new tenancy in Milton Keynes. In 1988, she wrote to the council saying she was no longer living at the original property and that she had no objection to them granting the tenancy back to the husband. The Council did not do this, but instead refused to debit rent and sought repossession.

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