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 Acts between an application for possession where no alternative accommodation is offered and an application where it is offered. Lord Greene MR said: ‘In considering reasonableness . . it is, in my opinion, perfectly clear that the duty of the judge is to take into account all relevant circumstances as they exist at the date of the hearing. That he must do in what I venture to call a broad, commonense way as a man of the world, and come to his conclusion giving such weight as he thinks right to the various factors in the situation. Some factors may have little or no weight, others may be decisive, but it is quite wrong for him to exclude from his consideration matters which he ought to take into account.’
References: [1942] 2 All ER 653, [1942] 112 LJKB 145, [1942] 59 TLR 70, [1942] 87 Sol Jo 21
Judges: Lord Greene MR
Jurisdiction: England and Wales
This case is cited by:
- Applied – Battlespring Ltd v Gates CA 1983 ([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 . . - Cited – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005 (, [2005] EWCA Civ 287, Times 23-Mar-05)
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. - Cited – London Borough of Southwark v Kofi-Adu CA 23-Mar-2006 (, [2006] EWCA Civ 281, Times 01-Jun-06)
The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence.
Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. . . - Cited – Bracknell Forest Borough Council v Green and Another CA 20-Mar-2009 (, [2009] EWCA Civ 238, [2009] CP Rep 31, [2009] PTSR CS49, [2009] NPC 45, [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 accommodation had been . . - Cited – Whitehouse v Lee CA 14-May-2009 (, [2009] EWCA Civ 375, Times 12-Jul-09)
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 – Manchester City Council v Pinnock SC 9-Feb-2011 (, [2011] UKSC 6, [2011] 2 All ER 586, [2011] NPC 16, [2011] 2 WLR 220, UKSC 2009/0180, , , [2011] 2 AC 104)
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.221513 br>