The landlord claimed that the tenancy had expired by effluxion of time. The tenant alleged that the tenancy was a protected tenancy and that, since no written notice had been served on him pursuant to Case 13, he was a statutory tenant entitled to the protection of the Rent Act 1977. The recorder had held that, although the landlord was not entitled to rely on Case 13, she was entitled to rescind the tenancy agreement by reason of the tenant’s misrepresentation.
Held: The tenant’s appeal failed. Where a protected tenancy was rescinded while it was still subsisting, the tenant did not become a statutory tenant, because there was no longer any contractual tenancy from which it could spring. A tenancy agreement procured by a fraudulent misrepresentation by the tenant may be rescinded even after it has expired by effluxion of time.
[1991] 1 WLR 1146, [1991] 4 All ER 289
Rent Act 1977 2
England and Wales
Cited by:
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Cited – Islington v Uckac and Another CA 30-Mar-2006
The council’s tenant had unlawfully secured assignment of a secure tenancy to the defendant. The council sought possession.
Held: A secure tenancy granted by an authority pursuant to a misrepresentation by the tenant is nonetheless valid. The . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.230296