Morris, R (on the application of) v The London Rent Assessment Committee & Anor [2002] EWCA Civ 276 (7th March, 2002)

Morris, R (on the application of) v The London Rent Assessment Committee & Anor [2002] EWCA Civ 276 (7th March, 2002)

The 1995 notice was invalid as it was not addressed to the actual tenant, thus no statutory tenancy was created and the Committee had jurisdiction to determine the rent. A rent determination or notice proposing rent above £25,000 per annum does not invalidate the process but results in the tenancy ceasing to be an assured tenancy.

Citation
[2002] EWCA Civ 276
Parties
Claimant/appellant: David Morris; Defendant/respondent: The London Rent Assessment Committee; Interested Parties: Earl Cadogan & Cadogan Estates Limited
Jurisdiction
England and Wales
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From Queen’s Bench Division, Administrative Court
Outcome
Appeal dismissed
Legal Topics
Validity of Statutory Notices, Assured Tenancy Qualification, Rent Determination, Jurisdiction of Rent Assessment Committees
Landlord and Tenant Law Housing Law Administrative Law Validity of Statutory Notices Assured Tenancy Qualification Rent Determination Jurisdiction of Rent Assessment Committees

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Parties

David Morris

Claimant/appellant

The London Rent Assessment Committee

Defendant/respondent

Earl Cadogan & Cadogan Estates Limited

Interested Parties

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the 1995 notice under section 4 of the Landlord and Tenant Act 1954 was valid and created a statutory tenancy
  2. 2 Whether the London Rent Assessment Committee had jurisdiction to determine rent under the Local Government and Housing Act 1989
  3. 3 Whether a rent determination or notice proposing rent in excess of £25,000 per annum invalidates an assured tenancy

Ratio Decidendi

The 1995 notice was invalid as it was not addressed to the actual tenant, thus no statutory tenancy was created and the Committee had jurisdiction to determine the rent. A rent determination or notice proposing rent above £25,000 per annum does not invalidate the process but results in the tenancy ceasing to be an assured tenancy.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Mr Morris is dismissed.