HOUSINGIntroductory tenancy - local housing authority empowered to grant introductory tenancy for one year and recover possession during tenancy period - not incompatible with convention rightsR (McLellan) v Bracknell Forest Borough Council; Reigate and Banstead Borough Council v Benfield and another: CA (Lords Justice Waller, Latham and Kay): 16 October 2001In the first case a local authority served on the tenant, during the term of her 12-month introductory tenancy, a notice to take possession proceedings for arrears of unpaid rent.

The notice was upheld on review by a senior officer pursuant to part 5 of the Housing Act 1996.

The tenant sought judicial review of the notice on the ground that the introductory tenancy regime was contrary to her rights under the European Convention on Human Rights.

Mr Justice Longmore refused the application.

The tenant appealed.

In the second case the county court ordered the tenants under an introductory tenancy to give possession on the basis that the mandatory provisions of the Act were not affected by the convention.

The tenants appealed.Nigel Pleming QC and Robert Latham (instructed by Dexter Montague & Partners, Reading) for the tenant in the first case.

David Watkinson and Beatrice Prevatt (instructed by John Gallagher) for second tenant in the second case.

Timothy Straker QC and Sarah-Jane Davies (instructed by the Borough Solicitor, Bracknell Borough Council) for the local authority in the first case.

Andrew Arden QC and Christopher Baker (instructed by the Borough Solicitor, Reigate and Banstead Borough Council, Reigate) for the local authority in the second case.

Philip Sales and Daniel Stilitz (instructed by Treasury Solicitor) for the Secretary of State for Transport, Local Government and the Regions, intervening.Held, dismissing the appeal, that the aim of the introductory tenancy regime was to protect all local authority tenants and local authorities from a minority of anti-social and non-paying tenants; that Parliament, by imposing an internal quasi-judicial review obligation on the local authority and conferring a right on the probationary tenant to challenge the authority's reasons for seeking a possession order, even after the commencement of possession proceedings, by way of judicial review, had provided an adequate protection to the tenant; and that, accordingly, the regime did not infringe convention rights.