Andrews & Anor v Cunningham [2007] EWCA Civ 762 (23 July 2007)

Andrews & Anor v Cunningham [2007] EWCA Civ 762 (23 July 2007)

The appeal was dismissed because neither the rent book nor the oral agreement satisfied the statutory requirements of Schedule 2A to the Housing Act 1988 for excluding the shorthold presumption. The rent book did not constitute a valid notice stating the tenancy was not to be an assured shorthold tenancy, and the oral agreement for long-term security of tenure was insufficient to engage paragraph 3 of Schedule 2A, particularly as the tenancy was not an assured tenancy at inception due to the resident landlord exception.

Citation
[2007] EWCA Civ 762
Parties
Respondents/claimants: Peter John Andrews and Fernia Margaret Andrews (as Executors of the Estate of William George Hodges, deceased); Appellant/defendant: Graham James Cunningham
Jurisdiction
England and Wales
Judgment Date
23 July 2007
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Assured Tenancy, Assured Shorthold Tenancy, Housing Act 1988, Schedule 2 a, Security of Tenure, Statutory Notice Requirements
Landlord and Tenant Law Property Law Civil Procedure Assured Tenancy Assured Shorthold Tenancy Housing Act 1988 Schedule 2 a Security of Tenure +1 more

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Parties

Peter John Andrews and Fernia Margaret Andrews (as Executors of the Estate of William George Hodges, deceased)

Respondents/claimants

Graham James Cunningham

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the tenancy was an assured shorthold tenancy or a non-shorthold assured tenancy under the Housing Act 1988 as amended
  2. 2 Whether the provision of a rent book stating 'Assured Tenancy' constituted a valid notice under Schedule 2A of the Housing Act 1988
  3. 3 Whether an oral agreement for long-term security of tenure could satisfy the requirements of Schedule 2A, paragraph 3

Ratio Decidendi

The appeal was dismissed because neither the rent book nor the oral agreement satisfied the statutory requirements of Schedule 2A to the Housing Act 1988 for excluding the shorthold presumption. The rent book did not constitute a valid notice stating the tenancy was not to be an assured shorthold tenancy, and the oral agreement for long-term security of tenure was insufficient to engage paragraph 3 of Schedule 2A, particularly as the tenancy was not an assured tenancy at inception due to the resident landlord exception.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of the Flat in favour of the respondents