Sumeghova v McMahon [2002] EWCA Civ 1581 (24 October 2002)

Sumeghova v McMahon [2002] EWCA Civ 1581 (24 October 2002)

On the evidence, No 70 Warren Road was Mr McMahon's only or principal home at the relevant times, making the tenancy an excluded tenancy under the Protection from Eviction Act 1977.

Citation
[2002] EWCA Civ 1581
Parties
Claimant/respondent: Gabriella Sumeghova; Defendant/appellant: Peter McMahon
Jurisdiction
England and Wales
Judgment Date
24 October 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Excluded Tenancy, Protection From Eviction Act 1977, Principal Home Determination, Eviction Procedure
Landlord and Tenant Housing Law Excluded Tenancy Protection From Eviction Act 1977 Principal Home Determination Eviction Procedure

Case Brief

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Parties

Gabriella Sumeghova

Claimant/respondent

Peter McMahon

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the tenancy granted was an excluded tenancy under section 3A of the Protection from Eviction Act 1977
  2. 2 Whether No 70 Warren Road was the landlord's only or principal home at the relevant times

Ratio Decidendi

On the evidence, No 70 Warren Road was Mr McMahon's only or principal home at the relevant times, making the tenancy an excluded tenancy under the Protection from Eviction Act 1977.

Court Disposition

Appeal allowed

Orders

  • Paragraphs 2(ii) and (iii) of the order below set aside
  • Appellant to continue to pay off outstanding damages (agreed at £530 inclusive of interest) at £20 a week