Islington v UCKAC & Anor [2006] EWCA Civ 340 (30 March 2006)

Islington v UCKAC & Anor [2006] EWCA Civ 340 (30 March 2006)

Ground 5 of Schedule 2 to the Housing Act 1985 does not permit possession proceedings against an assignee of a secure tenancy, even if the assignee was party to the original fraud; the statutory scheme excludes rescission as a remedy for landlords seeking to terminate a secure tenancy for fraudulent misrepresentation.

Citation
[2006] EWCA Civ 340
Parties
Appellant/claimant: London Borough of Islington; Respondent/defendant: Uckac; Respondent/defendant: Anr (Second Defendant)
Jurisdiction
England and Wales
Judgment Date
30 March 2006
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Preliminary Issues
Outcome
Appeal dismissed; application to re-amend Particulars of Claim allowed
Legal Topics
Secure Tenancy, Fraudulent Misrepresentation, Assignment of Tenancy, Rescission, Grounds for Possession
Housing Law Contract Law Landlord and Tenant Secure Tenancy Fraudulent Misrepresentation Assignment of Tenancy Rescission Grounds for Possession

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Parties

London Borough of Islington

Appellant/claimant

Uckac

Respondent/defendant

Anr (Second Defendant)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Preliminary Issues

Legal Issues

  1. 1 Whether ground 5 of Schedule 2 to the Housing Act 1985 is available where the secure tenancy has been assigned to a party to the original fraud
  2. 2 Whether rescission is available to a landlord for fraudulent misrepresentation in the grant of a secure tenancy

Ratio Decidendi

Ground 5 of Schedule 2 to the Housing Act 1985 does not permit possession proceedings against an assignee of a secure tenancy, even if the assignee was party to the original fraud; the statutory scheme excludes rescission as a remedy for landlords seeking to terminate a secure tenancy for fraudulent misrepresentation.

Court Disposition

Appeal dismissed; application to re-amend Particulars of Claim allowed

Orders

  • Appeal dismissed on both issues
  • Permission granted to re-amend Particulars of Claim