Truro Diocesan Board of Finance Ltd v Foley

Truro Diocesan Board of Finance Ltd v Foley

The agreement of 20 September 2001 was an agreement for a tenancy, not a present grant. The new tenancy was granted on 27 September 2001, after Mr. Foley had surrendered his protected tenancy. Therefore, he was not a protected tenant immediately before the new tenancy was granted, and the new tenancy was not protected under section 34(1)(b) of the Housing Act 1988. Section 3 of the Human Rights Act 1998 does not require a different interpretation.

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 Truro County Court on Preliminary Issues
Outcome
Appeal dismissed
Legal Topics
Protected Tenancy, Assured Shorthold Tenancy, Interpretation of Statutes, Surrender of Tenancy, Human Rights Act 1998, Housing Act 1988
Landlord and Tenant Law Property Law Human Rights Protected Tenancy Assured Shorthold Tenancy Interpretation of Statutes Surrender of Tenancy Human Rights Act 1998 +1 more

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Parties

Truro Diocesan Board of Finance Ltd

Claimant/respondent

Desmond Foley

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Truro County Court on Preliminary Issues

Legal Issues

  1. 1 Whether the agreement of 20 September 2001 constituted a grant of a tenancy or an agreement for a tenancy
  2. 2 Whether Mr. Foley was a protected or statutory tenant immediately before the new tenancy was granted within the meaning of section 34(1)(b) of the Housing Act 1988
  3. 3 Whether section 3 of the Human Rights Act 1998 requires section 34(1)(b) of the Housing Act 1988 to be read compatibly with Article 8 of the ECHR

Ratio Decidendi

The agreement of 20 September 2001 was an agreement for a tenancy, not a present grant. The new tenancy was granted on 27 September 2001, after Mr. Foley had surrendered his protected tenancy. Therefore, he was not a protected tenant immediately before the new tenancy was granted, and the new tenancy was not protected under section 34(1)(b) of the Housing Act 1988. Section 3 of the Human Rights Act 1998 does not require a different interpretation.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.