Conditional review decisions in introductory tenancy cases following Camden v Stafford

The Court of Appeal recently determined the appeal in Camden LBC v Stafford [2012] EWCA Civ 839. The case itself concerned the not uncommon  scenario where a landlord confirms the service of a s. 128 notice on an introductory tenant was appropriate, but seeks to impose future conditions, the compliance with which will not result in possession being sought. Two previous cases were on point:  In the first, Cardiff CC v Stone [2003] EWCA Civ 298 , the landlord on review confirmed the decision to terminate the tenancy by notice, but suspended further action on condition of payment of rent and an amount off the arrears. No further notice was required in the event of breach of that condition prior to issuing possession proceedings. In the second case, Forbes v Lambeth LBC [2003] EWHC 222 (QB), the judge found that the wording of the review decision meant that the original decision was not confirmed, rather "the Council has chosen not to proceed with terminating your tenancy but will be monitoring your tenancy". In the event of a further breach, a fresh notice and opportunity for review would be required.

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