Coker, R (on the application of) v London Rent Assessment Panel & Anor

Coker, R (on the application of) v London Rent Assessment Panel & Anor

The Tomlin Order did not amount to a surrender and regrant of the tenancy as there was no increase in the premises demised or the term, and the variations were not sufficiently fundamental. The Rent Assessment Panel did not err in its determination of the market rent.

Parties
Claimant: Coker; First Defendant: London Rent Assessment Panel; Second Defendant: Lawnpond Ltd
Jurisdiction
England and Wales
Judgment Date
19 May 2006
Procedural Posture
Judicial Review/statutory Appeal / Judgment on Appeal Under Section 11 of the Tribunal and Inquiries Act 1992
Outcome
Appeal dismissed
Legal Topics
Surrender and Regrant of Tenancy, Variation of Tenancy Agreements, Rent Assessment, Jurisdiction of Rent Assessment Panel
Landlord and Tenant Law Administrative Law Surrender and Regrant of Tenancy Variation of Tenancy Agreements Rent Assessment Jurisdiction of Rent Assessment Panel

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Parties

Coker

Claimant

London Rent Assessment Panel

First Defendant

Lawnpond Ltd

Second Defendant

Procedural Posture

Judicial Review/statutory Appeal / Judgment on Appeal Under Section 11 of the Tribunal and Inquiries Act 1992

Legal Issues

  1. 1 Whether the Tomlin Order amounted to a surrender and regrant of tenancy creating a new tenancy
  2. 2 Whether the Rent Assessment Panel erred in its determination of the market rent

Ratio Decidendi

The Tomlin Order did not amount to a surrender and regrant of the tenancy as there was no increase in the premises demised or the term, and the variations were not sufficiently fundamental. The Rent Assessment Panel did not err in its determination of the market rent.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay the second respondent's costs of the appeal, subject to detailed assessment and certification of amounts for periods before and after 23rd November 2005, with enforcement of costs subject to leave of the court.