Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales: CA 20 Jan 2000

Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on protected tenants of decisions which would lead to rent increases.

Citations:

Times 15-Feb-2000

Statutes:

Rent Acts (Maximum Fair Rent) Order 1999 (1999 No 6)

Jurisdiction:

England and Wales

Citing:

Appealed toRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Appeal fromEx parte Motion Spath Holme Limited Admn 16-Mar-1999
The respondent had made an order with regard to the calculation of fair rents. The claimant challenged the order.
Held: There were social and economic arguments, and a very difficult balancing exercise had to be carried out in the light of the . .
CitedMetropolitan Properties v Finegold CA 1975
The rental values of a block of flats were increased because of the presence nearby of an American school; the case turned on the equivalent provisions in the Rent Act 1968 to section 70(1) in the 1977 Act.
Held: One must have regard to the . .
CitedTormes Ltd v Landau 1971
. .
CitedMountview Court Properties v Devlin 1970
. .

Cited by:

Appeal fromRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing, Administrative

Updated: 11 May 2022; Ref: scu.135994