Kerr v Stephens [2006] EWCA Civ 187 (15 February 2006)

Kerr v Stephens [2006] EWCA Civ 187 (15 February 2006)

The trial judge's finding that Miss Stephens maintained sufficient connection and occupation of 6 Upton Road as her residence was a question of fact and degree, properly determined by applying ordinary common sense. The judge's decision was open to him on the evidence and not perverse; therefore, the appeal must be dismissed.

Citation
[2006] EWCA Civ 187
Parties
Defendant/appellant: John Kerr; Claimant/respondent: Raye Stephens
Jurisdiction
England and Wales
Judgment Date
15 February 2006
Procedural Posture
Appeal From County Court / Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Statutory Tenancy, Residence Requirement, Quiet Enjoyment, Repairing Obligations, Possession Proceedings
Landlord and Tenant Property Law Statutory Tenancy Residence Requirement Quiet Enjoyment Repairing Obligations Possession Proceedings

Case Brief

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Parties

John Kerr

Defendant/appellant

Raye Stephens

Claimant/respondent

Procedural Posture

Appeal From County Court / Appeal Determination

Legal Issues

  1. 1 Whether Miss Stephens ceased to occupy 6 Upton Road as her residence under section 2(1)(a) Rent Act 1977
  2. 2 Whether the statutory tenancy survived based on residence
  3. 3 Whether the judge erred in law in determining residence

Ratio Decidendi

The trial judge's finding that Miss Stephens maintained sufficient connection and occupation of 6 Upton Road as her residence was a question of fact and degree, properly determined by applying ordinary common sense. The judge's decision was open to him on the evidence and not perverse; therefore, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order on Respondent's Notice application