星空传媒

In 1992 Bromley council transferred its housing to Broomleigh Housing Association. Tenants were sent new assured tenancy agreements by BHA. By mistake, BHA also sent these to about 400 other council tenants in short-term or non-secure accommodation. The homes of those tenants had not been transferred but BHA had agreed to collect the council's rent there.

Later, having realised the mistake, BHA wrote to all 400 affected tenants. By that time Mr and Mrs Smith, who were among the 400 tenants, had signed and posted back their BHA tenancy agreement. They claimed that they had become BHA tenants.

In 1994 the council claimed possession. It said it had ended the tenancy by notice to quit and that the "BHA tenancy" was a mistake.

In May 2003, a judge upheld the council's claim. He said that BHA's error did not bind the council. He found no binding contract between BHA and the Smiths because they knew or ought to have known that the documents were not for them. Even if there had been a contract with BHA, the judge decided that it was "void" because of the mistake.