The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of the 1977 Act. She received housing benefit. She said she had been driven out temporarily by the landlord bringing in a family.
Held: The judge’s conclusions were ones plainly open to him on the facts, and the appeal was unsustainable.
Judges:
Buxton LJ, Jonathan Parker LJ
Citations:
[2006] EWCA Civ 187
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Beck v Scholz CA 1953
The court faced ‘a jury question to be determined by applying ordinary common sense’. And ‘The question posed and to be answered by ordinary commonsense standards, is whether the particular premises are in the personal occupation of the tenant as . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 01 December 2022; Ref: scu.240092
