Akram v Adam [2002] EWCA Civ 812 (9 May 2002)

Akram v Adam [2002] EWCA Civ 812 (9 May 2002)

It is properly arguable that the judge did not have power to make the order for access because the statutory condition in Section 116(3) was not satisfied and no suitable alternative accommodation existed under Section 98.

Citation
[2002] EWCA Civ 812
Parties
Respondent: Akram; Applicant: Adam
Jurisdiction
England and Wales
Judgment Date
09 May 2002
Procedural Posture
Application for Permission to Appeal and Stay of Execution / Permission to Appeal
Outcome
permission to appeal granted on first ground only
Legal Topics
Statutory Tenancy, Alternative Accommodation, Access for Works, Rent Act 1977
Landlord and Tenant Housing Law Statutory Tenancy Alternative Accommodation Access for Works Rent Act 1977

Case Brief

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Parties

Akram

Respondent

Adam

Applicant

Procedural Posture

Application for Permission to Appeal and Stay of Execution / Permission to Appeal

Legal Issues

  1. 1 Whether the court had power to order the tenant to grant access for building works under Rent Act 1977 Section 116
  2. 2 Whether suitable alternative accommodation existed for possession under Rent Act 1977 Section 98

Ratio Decidendi

It is properly arguable that the judge did not have power to make the order for access because the statutory condition in Section 116(3) was not satisfied and no suitable alternative accommodation existed under Section 98.

Court Disposition

permission to appeal granted on first ground only

Orders

  • permission to appeal granted on first ground
  • application allowed