Lester, R (On the Application Of) v London Rent Assessment Committee [2003] EWCA Civ 319 (12 March 2003)

Lester, R (On the Application Of) v London Rent Assessment Committee [2003] EWCA Civ 319 (12 March 2003)

'Refer' in section 13(4) of the Housing Act 1988 requires actual receipt by the Rent Assessment Committee before the new rent period begins. Despatch or posting is not sufficient. The statutory scheme does not permit reliance on the notes of the prescribed form to alter this requirement. There is no breach of Article 6 ECHR as the tenant's right to challenge the rent arises only if the statutory procedure is followed.

Citation
[2003] EWCA Civ 319
Parties
Claimant/appellant: Katie Lester; Defendant/respondent: The London Rent Assessment Committee
Jurisdiction
England and Wales
Judgment Date
12 March 2003
Procedural Posture
Judicial Review/statutory Appeal / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Statutory Interpretation, Rent Assessment, Procedural Deadlines, Human Rights (article 6 Echr)
Landlord and Tenant Housing Law Civil Procedure Statutory Interpretation Rent Assessment Procedural Deadlines Human Rights (article 6 Echr)

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Parties

Katie Lester

Claimant/appellant

The London Rent Assessment Committee

Defendant/respondent

Procedural Posture

Judicial Review/statutory Appeal / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal

Legal Issues

  1. 1 Does 'refer' in section 13(4) of the Housing Act 1988 require actual receipt by the Rent Assessment Committee before the new rent period, or is despatch by post sufficient?
  2. 2 Was there evidence that the tenant posted the referral notice before the deadline?
  3. 3 Does a strict interpretation of 'refer' infringe Article 6 ECHR (right of access to a court)?

Ratio Decidendi

'Refer' in section 13(4) of the Housing Act 1988 requires actual receipt by the Rent Assessment Committee before the new rent period begins. Despatch or posting is not sufficient. The statutory scheme does not permit reliance on the notes of the prescribed form to alter this requirement. There is no breach of Article 6 ECHR as the tenant's right to challenge the rent arises only if the statutory procedure is followed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Matter remitted to the costs judge for determination as to the liability of the Legal Services Commission.