The court was asked about transitional arrangements for Rent Act tenants after the 1988 Act: ‘If A, a Rent Act tenant, takes a new tenancy agreement after the commencement of the 1988 Act jointly with B, does B thereafter partake in the ongoing protection to which A would have been entitled if he, B, takes a new tenancy by himself (or with another, C), but without A? ‘ The landlord appealed afinding that the tenancy was protected.
Held: the appeal succeeded: ‘the words ‘and prior to the commencement of this Act’ have to be understood (in addition to the express requirement of ‘immediately before the tenancy was granted’) as inherently qualifying the words ‘was a protected or statutory tenant’. It is for the sake of such a tenant, and no other that the transitional protection of a protected tenancy is extended. ‘ The section had been drafted to achieve this purpose, and the remaining tenant was not entitled to protection.
Judges:
Auld LJ, Rix LJ
Citations:
[2005] EWCA Civ 1008, Times 20-Sep-2005
Links:
Statutes:
Housing Act 1988 34(1), Rent Act 1977
Jurisdiction:
England and Wales
Citing:
Cited – Laimond Properties Limited v Al-Shakarchi CA 10-Feb-1998
If ‘suitable alternative accommodation’ was offered in exchange for a protected tenancy, the court need look only for some security for the tenant, not that he should receive equal protection. Where the landlord persuades the Rent Act protected . .
Cited – Lloyd v Sadler CA 1978
One of two joint tenants under a tenancy protected under the Act, had left the property to get married and did not intend to return. The remaining tenant stayed until the end of the tenancy. The landlord claimed possession, arguing that the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 06 July 2022; Ref: scu.229151