Reindorp & Ors (Trustees Of Richmond Church Estate) v Rushbury [2001] EWCA Civ 1958 (14 December 2001)

Reindorp & Ors (Trustees Of Richmond Church Estate) v Rushbury [2001] EWCA Civ 1958 (14 December 2001)

The judge was entitled, on the evidence, to find that the respondent had not ceased occupation and had not sublet the property, and thus retained statutory protection. The findings of fact were within the judge's discretion and supported by the material before him.

Citation
[2001] EWCA Civ 1958
Parties
Claimants/applicants: Reindorp & Ors (Trustees of the Richmond Church Estate); Defendant/respondent: Leslie Frederick Rushbury
Jurisdiction
England and Wales
Judgment Date
14 December 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Statutory Tenancy, Possession Proceedings, Rent Act 1977, Burden of Proof, Subletting, Cesser of Occupation
Landlord and Tenant Property Law Statutory Tenancy Possession Proceedings Rent Act 1977 Burden of Proof Subletting Cesser of Occupation

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Parties

Reindorp & Ors (Trustees of the Richmond Church Estate)

Claimants/applicants

Leslie Frederick Rushbury

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the respondent ceased to occupy the premises as his residence and lost statutory protection under the Rent Act 1977
  2. 2 Whether the respondent unlawfully sublet the property in breach of the lease
  3. 3 Whether the judge was entitled to find the respondent's evidence sufficient despite credibility concerns

Ratio Decidendi

The judge was entitled, on the evidence, to find that the respondent had not ceased occupation and had not sublet the property, and thus retained statutory protection. The findings of fact were within the judge's discretion and supported by the material before him.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed