Pollards Hill Housing Association v Marsh [2002] EWCA Civ 199 (5 February 2002)

Pollards Hill Housing Association v Marsh [2002] EWCA Civ 199 (5 February 2002)

Clause 4.7 of the tenancy agreement restricts the landlord's right to seek possession under ground 14 of Schedule 2 to the Housing Act 1988 to cases where the tenant herself is convicted, not where a resident or visitor is convicted. The tenancy agreement is contractual, not merely descriptive, and the landlord cannot rely on the broader statutory ground where the contract has imposed a narrower right.

Citation
[2002] EWCA Civ 199
Parties
Claimant/respondent: Pollards Hill Housing Association; Defendant/appellant: Lorraine Marsh
Jurisdiction
England and Wales
Judgment Date
05 February 2002
Procedural Posture
Appeal From Possession Order (housing) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Interpretation of Tenancy Agreements, Grounds for Possession Under Housing Act 1988, Restriction of Statutory Rights by Contract
Landlord and Tenant Housing Law Contract Law Interpretation of Tenancy Agreements Grounds for Possession Under Housing Act 1988 Restriction of Statutory Rights by Contract

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Parties

Pollards Hill Housing Association

Claimant/respondent

Lorraine Marsh

Defendant/appellant

Procedural Posture

Appeal From Possession Order (housing) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether clause 4.7 of the tenancy agreement restricts the landlord's right to seek possession under ground 14 of Schedule 2 to the Housing Act 1988 to cases where the tenant herself is convicted, rather than any resident or visitor.
  2. 2 Whether the tenancy agreement's grounds for possession are contractual or merely descriptive of statutory rights.

Ratio Decidendi

Clause 4.7 of the tenancy agreement restricts the landlord's right to seek possession under ground 14 of Schedule 2 to the Housing Act 1988 to cases where the tenant herself is convicted, not where a resident or visitor is convicted. The tenancy agreement is contractual, not merely descriptive, and the landlord cannot rely on the broader statutory ground where the contract has imposed a narrower right.

Court Disposition

Appeal allowed

Orders

  • Order for possession set aside
  • Order for costs below set aside