References: [2009] EWCA Civ 375, Times 12-Jul-2009
Links: Bailii
Coram: Rimer LJ
Ratio: The tenant appealed against an order requiring her to give up possession of her flat, held under the 1977 Act, saying that the court should not have found it reasonable to make an order after finding alternative accommodation suitable.
Held: The order was set aside. The judge had misdirected himself as to the correct approach to the ‘reasonableness’ issue: ‘The decision as to whether or not it was reasonable to make a possession order was not one that could be made merely by a purported balancing of the reasonableness of the tenants’ wish to stay in flat 34c against the reasonableness of the siblings’ wish that they should go. It required him to look at the question from all the angles, in particular by considering the effect on the parties not just if an order was made, but also if it was not.’ The landlord was intending to make a profit, and the court was allowed to take this into account.
Statutes: Rent Act 1977 98
Jurisdiction: England and Wales
This case cites:
- Cited – Bracknell Forest Borough Council v Green and Another CA (Bailii, [2009] EWCA Civ 238, [2009] HLR 38)
The council sought possession of the property saying that the three bedroomed property was underused by the tenant and his sister. The respondents said that it was not too extensive, and that no satisfactory alternative accomodation had been . . - Cited – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL (Bailii, [2007] UKHL 23, Times 18-May-07, [2007] 1 WLR 1325, [2007] 2 Lloyd’s Rep 114, [2007] Bus LR 1291)
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . . - Cited – Cumming v Danson CA ([1942] 2 All ER 653, [1942] 112 LJKB 145, [1942] 59 TLR 70, [1942] 87 Sol Jo 21)
The court considered what amounted to reasonable alternative accomodation.
Held: it was the judge’s duty to take into account all relevant circumstances as they exist at the date of the hearing. There is a fundamental difference in the Rent . . - Cited – Shreeve v Hallam CA ([1950] WN 140)
Sir Raymond Evershed MR considered what a judge had to look at when making a possession order: ‘In such matters the judge was not to consider whether it was reasonable for the landlord to claim possession, but whether it was reasonable to make an . . - Cited – Cresswell v Hodgson CA ([1951] 1 All ER 710, [1951] 2 KB 92)
The landlord sought possession. The tenant had a controlled tenancy. L offered the tenant another house (one he had built) as alternative accommodation. The rent was higher. The landlord was under pressure from his bank and wanted capital to pay off . . - Cited – Brown v Davies CA ([1958] 1 QB 117)
Lord Evershed MR considered an appeal against an order finding it reasonable to award possession where the landlord had provided alternative accommodation: ‘the judge made it quite clear . . that he appreciated his duty was to decide whether it was . . - Cited – Battlespring Ltd v Gates CA ([1983] EGLR 103, [1983] EG 355, (1984) 11 HLR 6)
The tenant had occupied the house for 35 years. She resisted an application by her landlord to rehouse her. She had brought up her family there and did want to leave.
Held: The landlord’s appeal was dismissed. The landlord’s interest which was . .
(This list may be incomplete)
Last Update: 17 December 2018
Ref: 343895
The post Whitehouse v Lee: CA 14 May 2009 appeared first on swarb.co.uk.