Moreland Properties (UK) Ltd. v Dhokia & Ors [2003] EWCA Civ 1639 (21 October 2003)

A person who has abandoned occupation of a dwelling as his home cannot lawfully sublet it under section 137(2) of the Rent Act 1977, as he ceases to be a statutory tenant and has no interest to grant a subtenancy.

Citation: [2003] EWCA Civ 1639
Parties: Claimant/appellant: Moreland Properties (UK) Limited; First Defendant/respondent: Dahya Dhokia; Second Defendant/respondent: Divyalata Visavadia; Third Defendant/respondent: Mansukhlal Visavadia; Fourth Defendant/respondent: Rajesh Visavadia; Fifth Defendant/respondent: Shital Visavadia
Jurisdiction: England and Wales
Judgment Date: 21 October 2003
Procedural Posture: Civil Appeal / Appeal From County Court Decision
Outcome: Appeal allowed
Legal Topics: Statutory Tenancy, Subletting, Rent Act 1977, Possession Proceedings

Landlord and Tenant Property Law Statutory Tenancy Subletting Rent Act 1977 Possession Proceedings

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Parties

Moreland Properties (UK) Limited

Claimant/appellant

Dahya Dhokia

First Defendant/respondent

Divyalata Visavadia

Second Defendant/respondent

Mansukhlal Visavadia

Third Defendant/respondent

Rajesh Visavadia

Fourth Defendant/respondent

Shital Visavadia

Fifth Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

1 Whether a statutory tenant who has abandoned occupation can lawfully sublet under section 137(2) of the Rent Act 1977

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order for possession against the second to fifth respondents within 28 days
Second to fifth respondents to pay the appellants £4,000 on account of the costs below and £4,000 on account of the costs in this court within 14 days