Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 (22 October 2008)

Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 (22 October 2008)

The new tenancy was not a protected tenancy under section 34(1)(b) of the Housing Act 1988 because Mr. Foley was not a protected or statutory tenant 'immediately before' the new tenancy was granted, there being a 24-hour interval between the surrender of the old tenancy and the commencement of the new one. The agreement of 20 September 2001 was not itself a grant of a tenancy but an agreement for a future tenancy, and the context of section 34(1)(b) excludes such agreements from the definition of 'tenancy.' Section 3 of the Human Rights Act 1998 does not require a different interpretation to comply with Article 8 ECHR.

Citation
[2008] EWCA Civ 1162
Parties
Claimant/respondent: Truro Diocesan Board of Finance Ltd; Defendant/appellant: Desmond Foley
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Civil Appeal / Appeal From County Court on Preliminary Issues
Outcome
Appeal dismissed
Legal Topics
Protected Tenancies, Assured Shorthold Tenancies, Surrender of Tenancy, Interpretation of Statutes, Article 8 ECHR, Section 34(1)(b) Housing Act 1988, Section 3 Human Rights Act 1998
Landlord and Tenant Housing Law Human Rights Protected Tenancies Assured Shorthold Tenancies Surrender of Tenancy Interpretation of Statutes Article 8 ECHR +2 more

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Parties

Truro Diocesan Board of Finance Ltd

Claimant/respondent

Desmond Foley

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court on Preliminary Issues

Legal Issues

  1. 1 Whether the new tenancy granted to Mr. Foley was a protected tenancy under section 34(1)(b) of the Housing Act 1988
  2. 2 Whether 'tenancy' in section 34(1)(b) includes an agreement for a tenancy by virtue of section 45(1) of the Housing Act 1988
  3. 3 Whether the interval between the surrender of the old tenancy and the grant of the new tenancy precludes protection

Ratio Decidendi

The new tenancy was not a protected tenancy under section 34(1)(b) of the Housing Act 1988 because Mr. Foley was not a protected or statutory tenant 'immediately before' the new tenancy was granted, there being a 24-hour interval between the surrender of the old tenancy and the commencement of the new one. The agreement of 20 September 2001 was not itself a grant of a tenancy but an agreement for a future tenancy, and the context of section 34(1)(b) excludes such agreements from the definition of 'tenancy.' Section 3 of the Human Rights Act 1998 does not require a different interpretation to comply with Article 8 ECHR.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.