Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 (20 October 2011)

Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 (20 October 2011)

The agreement between Rochdale and United Utilities was within statutory powers and not ultra vires; the variation of the tenancy agreement substantially complied with statutory requirements; the term was not unfair under the 1999 Regulations; and the making of a possession order was not unreasonable in the circumstances.

Citation
[2011] EWCA Civ 1173
Parties
Claimant / Respondent: Rochdale Borough Council; Defendant / Appellant: Dixon
Jurisdiction
England and Wales
Judgment Date
20 October 2011
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Tenancy Variation, Water Charges Collection, Unfair Contract Terms, Statutory Compliance
Housing Law Contract Law Administrative Law Possession Proceedings Tenancy Variation Water Charges Collection Unfair Contract Terms Statutory Compliance

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Parties

Rochdale Borough Council

Claimant / Respondent

Dixon

Defendant / Appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Rochdale's agreement with United Utilities to collect water charges was ultra vires
  2. 2 Whether the variation of tenancy agreements to include water charges complied with statutory requirements
  3. 3 Whether the variation was an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999

Ratio Decidendi

The agreement between Rochdale and United Utilities was within statutory powers and not ultra vires; the variation of the tenancy agreement substantially complied with statutory requirements; the term was not unfair under the 1999 Regulations; and the making of a possession order was not unreasonable in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • Possession order in favour of Rochdale Borough Council affirmed
  • Suspension of possession order continues subject to payment terms