Rowe v Mathews [2001] EWCA Civ 1125 (10 July 2001)

Rowe v Mathews [2001] EWCA Civ 1125 (10 July 2001)

A tenancy that was a restricted contract under the Rent Act 1977 and never a protected tenancy as of 15 January 1989 cannot become a protected tenancy by virtue of a rent variation after the Housing Act 1988 came into force; the effect of the rent variation is to create a new contract, which cannot be a protected tenancy under section 34 of the 1988 Act.

Citation
[2001] EWCA Civ 1125
Parties
Appellant/applicant: Denise Rowe; Respondent/respondent: Norma Falcke Mathews
Jurisdiction
England and Wales
Judgment Date
10 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Protected Tenancy, Restricted Contract, Resident Landlord, Rent Variation, Transitional Provisions, Security of Tenure
Landlord and Tenant Housing Law Protected Tenancy Restricted Contract Resident Landlord Rent Variation Transitional Provisions Security of Tenure

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Parties

Denise Rowe

Appellant/applicant

Norma Falcke Mathews

Respondent/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether a tenancy that was a restricted contract under the Rent Act 1977 could become a protected tenancy after a rent variation and the landlord ceased to be resident, in light of the Housing Act 1988 transitional provisions

Ratio Decidendi

A tenancy that was a restricted contract under the Rent Act 1977 and never a protected tenancy as of 15 January 1989 cannot become a protected tenancy by virtue of a rent variation after the Housing Act 1988 came into force; the effect of the rent variation is to create a new contract, which cannot be a protected tenancy under section 34 of the 1988 Act.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Public funding costs assessment