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Otter v Norman: HL 1988

The Rent Act 1977 had provided that a tenancy was not to be taken to be a protected tenancy of a dwelling house: ‘bona fide let at a rent which includes payments in respect of board or attendance’
Held: Where a landlord provided a continental beakfast to each of his tenants to be eaten in a communal room, this was enough to constitute ‘board’ so as to make the tenancies not protected. Any amount of board not de minimis would be sufficient to exclude the tenancy from the statutory protection. The House expressly rejected the submission that ‘board’ requires at least the provision of one main meal in addition to breakfast.

Citations:

[1988] 2 WLR 250, [1989] AC 129, [1988] 1 All ER 531

Statutes:

Rent Act 1977 7(1)

Jurisdiction:

England and Wales

Cited by:

CitedCo-operative Insurance Society Ltd v Hastings Borough Council ChD 23-Jun-1993
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 12 May 2022; Ref: scu.186344

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