Kerr v Stephens

Kerr v Stephens

The trial judge's finding that Miss Stephens maintained sufficient connection with 6 Upton Road to continue occupying it as her residence was a question of fact and degree, properly determined by the judge who heard the evidence. There was no error of law or perversity in the judge's conclusion, and the appeal court should not interfere with such factual determinations.

Parties
Defendant/appellant: John Kerr; Claimant/respondent: Raye Stephens
Jurisdiction
England and Wales
Judgment Date
15 February 2006
Procedural Posture
Civil Appeal / Appeal From County Court on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Statutory Tenancy, Occupation as Residence, Possession Proceedings
Landlord and Tenant Law Statutory Tenancy Occupation as Residence Possession Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

John Kerr

Defendant/appellant

Raye Stephens

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court on Preliminary Issue

Legal Issues

  1. 1 Whether Miss Stephens ceased to occupy 6 Upton Road as her residence under section 2(1)(a) of the Rent Act 1977

Ratio Decidendi

The trial judge's finding that Miss Stephens maintained sufficient connection with 6 Upton Road to continue occupying it as her residence was a question of fact and degree, properly determined by the judge who heard the evidence. There was no error of law or perversity in the judge's conclusion, and the appeal court should not interfere with such factual determinations.

Court Disposition

Appeal dismissed

Orders

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