London Borough of Merton v Richards [2005] EWCA Civ 639 (11 May 2005)

London Borough of Merton v Richards [2005] EWCA Civ 639 (11 May 2005)

The council failed to prove, even on the balance of probabilities, that the respondent knowingly made a false statement or instigated her mother to do so. The statutory requirement under Ground 5 was not satisfied as there was no evidence of knowledge or instigation by the tenant.

Citation
[2005] EWCA Civ 639
Parties
Claimant/appellant: London Borough of Merton; Defendant/respondent: Sonia Jane Richards
Jurisdiction
England and Wales
Judgment Date
11 May 2005
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Secure Tenancy, Grounds for Possession, False Statement, Statutory Interpretation
Housing Law Civil Procedure Secure Tenancy Grounds for Possession False Statement Statutory Interpretation

Case Brief

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Parties

London Borough of Merton

Claimant/appellant

Sonia Jane Richards

Defendant/respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the tenant knowingly or recklessly made a false statement inducing the grant of tenancy under Housing Act 1985, Schedule 2, Ground 5
  2. 2 Whether a false statement made by a person acting at the tenant's instigation satisfies Ground 5
  3. 3 Proper construction of 'instigation' under Ground 5

Ratio Decidendi

The council failed to prove, even on the balance of probabilities, that the respondent knowingly made a false statement or instigated her mother to do so. The statutory requirement under Ground 5 was not satisfied as there was no evidence of knowledge or instigation by the tenant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, subject to detailed assessment
  • Public funding assessment ordered