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 accommodation had been offered.
Held: The council’s appeal failed. The lower court had correctly applied the law, and it was not for an appellate court to substitute its own judgment of the facts. To upset the evaluation made by the trial judge. It must be shown that he acted under an error of principle or that his decision was obviously wrong.
Mummery LJ, Collins LJ, Rimer LJ
[2009] EWCA Civ 238, [2009] CP Rep 31, [2009] PTSR CS49, [2009] NPC 45, [2009] HLR 38
Bailii
Housing Act 1985 84(1)
England and Wales
Citing:
Cited – 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 . .
Cited – Designers Guild Ltd v Russell Williams (Textiles) Ltd CA 26-Mar-1999
The claimant alleged copying of designs. The defendant appealed a finding that copying had taken place.
Held: The rejection of the dissection test in Ladbroke was as to the subsistence of copyright and not as to infringement. Evidence of those . .
Cited – In re Grayan Building Services Ltd CA 1995
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
Cited – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd CA 29-Sep-1982
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost andpound;192, but the farmer lost andpound;61,000. The seed supplier appealed the award of the larger amount and interest, saying that . .
Cited – Enfield London Borough Council v French CA 1984
In considering a request for a possession order for which it was a requirement that an odder of suitable alternative accomodation, the question of whether the accommodation was suitable should be decided before the question whether it was reasonable . .
Cited – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd HL 1983
A seedsman sought to rely upon an exclusion clause preventing any claim by a purchaser by way of set off against its sales invoices. The House was asked whether a contractual term was ‘fair and reasonable’ within the meaning of section 55 of the . .
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: . .
Cited – Metropolitan Housing Trust v Hadjazi CA 1-Jul-2010
The Trust appealed against refusal of an order for possession against its periodic assured tenant. The grounds were 14 (nuisance or annoyance), and 14A (domestic violence). The judge had found that the violence complained of occurred only after the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 01 November 2021; Ref: scu.323725