London Borough of Islington v Green & Anor [2005] EWCA Civ 56 (21 January 2005)

London Borough of Islington v Green & Anor [2005] EWCA Civ 56 (21 January 2005)

Patchwork, as licensee, had no estate in the property and was not authorised by Islington to grant tenancies binding on Islington; upon termination of Patchwork's licence, any tenancy granted by Patchwork ceased and did not bind Islington.

Citation
[2005] EWCA Civ 56
Parties
Claimant/respondent: London Borough of Islington; First Defendant: Tracey Green; Second Defendant/appellant: Gary O'Shea
Jurisdiction
England and Wales
Judgment Date
21 January 2005
Procedural Posture
Civil Appeal / Second Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Termination of Licence, Agency, Sub Tenancy, Bruton Tenancy, Binding Effect of Tenancies, Authority of Licensee
Landlord and Tenant Property Law Termination of Licence Agency Sub Tenancy Bruton Tenancy Binding Effect of Tenancies Authority of Licensee

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Parties

London Borough of Islington

Claimant/respondent

Tracey Green

First Defendant

Gary O'Shea

Second Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a tenancy granted by a licensee binds the freeholder after termination of the licence
  2. 2 Whether Patchwork Community Housing Association acted as agent for Islington in granting tenancies
  3. 3 Whether Islington's consent to Patchwork's occupation allowed creation of binding tenancies

Ratio Decidendi

Patchwork, as licensee, had no estate in the property and was not authorised by Islington to grant tenancies binding on Islington; upon termination of Patchwork's licence, any tenancy granted by Patchwork ceased and did not bind Islington.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed
  • Detailed assessment of the Appellant's Community Legal Service Funding costs