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 purely financial had to be balanced against the wishes of the elderly lady tenant. The judge had made proper allowance for both interests and his decision was not to be disturbed. ‘Reasonableness’ is regarded as a matter for the trial judge and, in the context of secure tenancies, reasonable means having regard to both the interest of the parties and to the interest of the public.
Judges:
Watkins LJ
Citations:
[1983] EGLR 103, [1983] EG 355, (1984) 11 HLR 6
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Cumming v Danson CA 1942
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 . .
Applied – Cresswell v Hodgson CA 1951
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 by:
Cited – Whitehouse v Lee CA 14-May-2009
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: . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 23 June 2022; Ref: scu.221512