Hammersmith and Fulham London Borough Council v Alexander-David [2009]EWCA Civ 259

The local authority granted a non secure tenancy to a 16 year old girl under their duty to house her under the provisions of the Housing Act 1996. After complaints from the neighbours and the build up of rent arrears the council attempted to obtain possession of the property. The original district judge and, on appeal, the circuit judge allowed the possession order.

However, section 1(6) of the LPA prohibits minors from holding a legal estate in land and they would hold in equity. The tenant argued that according to paragraph 1(1) of Schedule 1 Trusts of Land and Appointment of Trustees Act 1996 any attempt to grant a legal estate to a minor will result in the grantor holding the land on trust for the minor. It was further argued that not only should the local authority have served the notice on itself, it would be in breach of trust to serve the notice at all! The Council argued that they had created an equitable tenancy capable of being terminated.

The High Court held