Tibbs v London Borough of Islington [2005] EWCA Civ 1179 (13 September 2005)

Tibbs v London Borough of Islington [2005] EWCA Civ 1179 (13 September 2005)

The judge was entitled to find, on the evidence, that Mrs Tibbs did not occupy 28B Michison Road as her only or principal home and had no intention to return, thus failing the tenant condition under Section 81 of the Housing Act 1985. There was no real prospect of success on appeal.

Citation
[2005] EWCA Civ 1179
Parties
Claimant/appellant: Catherine Tibbs; Claimant/appellant: Ronald Tibbs; Defendant/respondent: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
13 September 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Right to Buy, Possession Proceedings, Principal Home Requirement, Appeal Procedure
Housing Law Civil Procedure Right to Buy Possession Proceedings Principal Home Requirement Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Catherine Tibbs

Claimant/appellant

Ronald Tibbs

Claimant/appellant

London Borough of Islington

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mrs Tibbs occupied 28B Michison Road as her only or principal home under Section 81 of the Housing Act 1985
  2. 2 Whether the judge at first instance erred in assessing the evidence regarding occupation and intention to return
  3. 3 Whether new evidence or procedural errors justified an appeal

Ratio Decidendi

The judge was entitled to find, on the evidence, that Mrs Tibbs did not occupy 28B Michison Road as her only or principal home and had no intention to return, thus failing the tenant condition under Section 81 of the Housing Act 1985. There was no real prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal is refused