Places for People Homes Ltd v Maddocks [2007] EWCA Civ 252 (07 February 2007)

Places for People Homes Ltd v Maddocks [2007] EWCA Civ 252 (07 February 2007)

The Recorder's findings of fact and evaluative judgment on reasonableness were unassailable; the admitted noise nuisance did not make it reasonable to order possession; the grounds of appeal sought to challenge findings of fact and discretion, which is not a proper basis for appeal.

Citation
[2007] EWCA Civ 252
Parties
Claimant / Appellant: Places for People Homes Ltd; Defendant / Respondent: Wendy Maddocks
Jurisdiction
England and Wales
Judgment Date
07 February 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Possession Proceedings, Nuisance, Reasonableness of Possession Order, Secure Tenancy, Grounds for Possession
Landlord and Tenant Housing Law Possession Proceedings Nuisance Reasonableness of Possession Order Secure Tenancy Grounds for Possession

Case Brief

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Parties

Places for People Homes Ltd

Claimant / Appellant

Wendy Maddocks

Defendant / Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Recorder erred in law in refusing to make a possession order against the tenant
  2. 2 Whether findings of fact and discretion by the trial judge were open to appellate review
  3. 3 Whether admitted noise nuisance justified a possession order

Ratio Decidendi

The Recorder's findings of fact and evaluative judgment on reasonableness were unassailable; the admitted noise nuisance did not make it reasonable to order possession; the grounds of appeal sought to challenge findings of fact and discretion, which is not a proper basis for appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused