A landlord of a rent-controlled property sought possession from the statutory tenant saying he was in arrears with his rent.
Held: Cohen LJ said: ‘Section 3 and Schedule l (of the 1933 Act) lay down the circumstances in which the court may make an order or give a judgment for recovery of possession, and we think that, in reaching a conclusion whether any rent is lawfully due and has not been paid, the court must look at the date of institution of the proceedings by which the landlord is seeking to recover possession. The rights of the parties crystallised at that date, and nothing happening thereafter could, in our opinion, deprive the court of jurisdiction to make an order for recovery of possession, if the court thought it reasonable so to do . . Before the court can have jurisdiction the landlord must prove two things, namely, (1) that some rent was lawfully due from the tenant at the date of institution of the proceedings, and (2) that such rent was unpaid.’
Judges:
Cohen LJ
Citations:
[1947] 2 All ER 7, [1948] 1 KB 91, [1948] 177 LT 97, [1948] 63 TLR 405, [1948] 91 Sol Jo 559
Statutes:
Rent and Mortgage Interest Restrictions (Amendment) Act l933 3 Sch 1
Jurisdiction:
England and Wales
Housing
Updated: 20 April 2022; Ref: scu.246045
