Tibbs v London Borough of Islington

Tibbs v London Borough of Islington

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 Housing Act 1985. The appeal had no real prospect of success.

Parties
Applicant/appellant: Catherine Tibbs; Applicant/appellant: Ronald Tibbs; Respondent/defendant: 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, Tenant Condition, Possession Proceedings, Appeal Procedure
Housing Law Civil Procedure Right to Buy Tenant Condition Possession Proceedings Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Catherine Tibbs

Applicant/appellant

Ronald Tibbs

Applicant/appellant

London Borough of Islington

Respondent/defendant

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 Housing Act 1985
  2. 2 Whether the trial judge erred in assessing the credibility of evidence regarding occupation
  3. 3 Whether the judge gave disproportionate weight to certain documentary evidence

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 Housing Act 1985. The appeal had no real prospect of success.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Any necessary extension of time assumed but not determinative