The Court of Appeal was itself able to remit the case back direct to the rent assessment committee for a new determination of the rent, exercising the power of the court below: ‘If … McCullough J ‘s rulings on the substantive issue are wrong or are such as possibly to mislead a new committee into repeating the errors of the present committee, the judge’s order has not given the landlord all that he wants and to which he is entitled and the Court of Appeal can do something about it… It can exercise … the power of the court below to remit the matter for rehearing and determination … in accordance with the correct opinion of the court.’
Judges:
Auld LJ
Citations:
[1999] QB 92
Jurisdiction:
England and Wales
Cited by:
Cited – Clickex Ltd v McCann CA 26-May-1999
A failure by a landlord under the pre-1996 assured shorthold tenancy regime, to insert the correct tenancy dates in a shorthold notice, meant that the tenancy became an assured tenancy, since the arrangement failed to meet the requirements to create . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 05 April 2022; Ref: scu.180402