Lester, R (On the Application Of) v London Rent Assessment Committee

Lester, R (On the Application Of) v London Rent Assessment Committee

'Refer' in section 13(4) of the Housing Act 1988 means actual receipt by the Rent Assessment Committee before the relevant date, not merely despatch or posting. The statutory scheme does not breach Article 6 ECHR as the tenant's right to challenge a rent increase only arises if the statutory procedure is followed. Notes on prescribed forms cannot alter the statutory requirement.

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 to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Rent Assessment, Procedural Requirements, Access to Justice
Landlord and Tenant Law Administrative Law Statutory Interpretation Rent Assessment Procedural Requirements Access to Justice

Case Brief

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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 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 relevant date, or is despatch by post sufficient?
  2. 2 Does the statutory scheme breach Article 6 of the European Convention on Human Rights by denying access to justice if 'refer' means 'receipt'?
  3. 3 Can notes on prescribed forms or subsidiary legislation influence the interpretation of the primary statute?

Ratio Decidendi

'Refer' in section 13(4) of the Housing Act 1988 means actual receipt by the Rent Assessment Committee before the relevant date, not merely despatch or posting. The statutory scheme does not breach Article 6 ECHR as the tenant's right to challenge a rent increase only arises if the statutory procedure is followed. Notes on prescribed forms cannot alter the statutory requirement.

Court Disposition

Appeal dismissed

Orders

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