Malik v London Borough Of Richmond Upon Thames [2001] EWCA Civ 1530 (10 October 2001)

Malik v London Borough Of Richmond Upon Thames [2001] EWCA Civ 1530 (10 October 2001)

The Service Provider Agreement was not a tenancy but a contract for provision of accommodation; the assured shorthold tenancy was valid; the agreement was properly terminated with one month's notice; damages were limited to the notice period; the claimant failed to mitigate loss by not cashing housing benefit cheques; the judge's findings on credibility and interest were within his discretion and not appealable.

Citation
[2001] EWCA Civ 1530
Parties
Claimant/applicant: Qamar Mohammed Malik; Defendant/respondent: The Mayor and Burgesses of the London Borough of Richmond Upon Thames
Jurisdiction
England and Wales
Judgment Date
10 October 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From County Court Judgment
Outcome
Permission to appeal refused
Legal Topics
Service Provider Agreement, Tenancy, Damages, Mitigation of Loss, Interest on Damages, Termination of Contract, Credibility of Witnesses
Contract Law Housing Law Civil Procedure Service Provider Agreement Tenancy Damages Mitigation of Loss Interest on Damages +2 more

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Parties

Qamar Mohammed Malik

Claimant/applicant

The Mayor and Burgesses of the London Borough of Richmond Upon Thames

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Service Provider Agreement constituted a tenancy agreement
  2. 2 Whether the assured shorthold tenancy agreement was valid
  3. 3 Whether the Service Provider Agreement was properly terminated

Ratio Decidendi

The Service Provider Agreement was not a tenancy but a contract for provision of accommodation; the assured shorthold tenancy was valid; the agreement was properly terminated with one month's notice; damages were limited to the notice period; the claimant failed to mitigate loss by not cashing housing benefit cheques; the judge's findings on credibility and interest were within his discretion and not appealable.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed