A rent tribunal could not give itself jurisdiction over an unfurnished letting. Devlin J said: ‘While they will not allow every empty threat to their jurisdiction to deter them from their proper business of fixing reasonable rents, they will likewise appreciate that they are not by their nature equipped for the trial of matters which in the ordinary civil court would be determined after pleading and discovery had been given and evidence on oath tested by cross-examination, and possibly, also after trial by jury. The tribunal cannot be required to determine summarily such an issue if it involves a point of substance and if one or other of the parties is willing to have it determined in the ordinary civil courts.’
Devlin J
[1951] 2 KB 1
England and Wales
Cited by:
Cited – Grammer v Lane and Others CA 2-Dec-1999
A partnership involving the plaintiff took a tenancy of agricutural land. The plaintiff then said that the tenency had been extended to other land. The successor to the freehold denied that extension, but served a rent demand and for repairs both . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.238658