Mayor & Burgesses of the v London Borough of Redbridge

Mayor & Burgesses of the v London Borough of Redbridge

The application was refused because the appellant's succession rights were statutory, not contractual; the alleged tenancy provision would not override statutory provisions; the point was not raised below; and the appellant had ample opportunity to produce evidence but failed to do so.

Parties
Claimant/respondent: Mayor & Burgesses of the London Borough of Redbridge; Defendant/appellant: Jacqueline Low
Jurisdiction
England and Wales
Judgment Date
12 May 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Succession to Tenancy, Ground 16 Housing Act 1985, Possession Proceedings, Alternative Accommodation
Landlord and Tenant Law Housing Law Succession to Tenancy Ground 16 Housing Act 1985 Possession Proceedings Alternative Accommodation

Case Brief

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Parties

Mayor & Burgesses of the London Borough of Redbridge

Claimant/respondent

Jacqueline Low

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellant had rights of succession to the tenancy beyond those provided by statute
  2. 2 Whether the judge erred in refusing an adjournment, in the conduct of the trial, or in his assessment of evidence

Ratio Decidendi

The application was refused because the appellant's succession rights were statutory, not contractual; the alleged tenancy provision would not override statutory provisions; the point was not raised below; and the appellant had ample opportunity to produce evidence but failed to do so.

Court Disposition

Application refused

Orders

  • Permission to appeal refused