Chohan v McManus [2008] EWCA Civ 1657 (24 November 2008)

Chohan v McManus [2008] EWCA Civ 1657 (24 November 2008)

The judge was entitled to infer from the defendant's prolonged absence, non-payment of rent, and return only after requesting a new tenancy that the defendant had ceased to occupy the premises as his only or principal home, thus ending the assured tenancy and entitling the landlord to possession under section 21.

Citation
[2008] EWCA Civ 1657
Parties
Respondent/claimant: Chohan; Appellant/defendant: McManus
Jurisdiction
England and Wales
Judgment Date
24 November 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assured Shorthold Tenancy, Possession Proceedings, Section 21 Notice, Principal Home Requirement
Landlord and Tenant Housing Law Assured Shorthold Tenancy Possession Proceedings Section 21 Notice Principal Home Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Chohan

Respondent/claimant

McManus

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant ceased to occupy the premises as his only or principal home prior to the grant of the assured shorthold tenancy
  2. 2 Whether the landlord was entitled to possession under section 21 of the Housing Act 1988

Ratio Decidendi

The judge was entitled to infer from the defendant's prolonged absence, non-payment of rent, and return only after requesting a new tenancy that the defendant had ceased to occupy the premises as his only or principal home, thus ending the assured tenancy and entitling the landlord to possession under section 21.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed