André v Robinson [2007] EWCA Civ 1449 (14 December 2007)

André v Robinson [2007] EWCA Civ 1449 (14 December 2007)

There was no clear evidence of a surrender of the whole tenancy and a regrant of part; the arrangements for others to occupy the small bedroom were consistent with subletting or licensing, not a surrender. Ms Robinson retained statutory tenancy of the whole flat, including the small bedroom.

Source-derived case information.

Citation
[2007] EWCA Civ 1449
Parties
Appellant: André; Respondent: Robinson
Jurisdiction
England and Wales
Judgment Date
14 December 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Protected Tenancy, Statutory Tenancy, Surrender and Regrant, Possession Proceedings, Rent Act 1977
Landlord and Tenant Property Law Protected Tenancy Statutory Tenancy Surrender and Regrant Possession Proceedings Rent Act 1977

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Parties

André

Appellant

Robinson

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the statutory tenancy included both bedrooms or was limited to part after alleged surrender and regrant
  2. 2 Whether arrangements for subletting or licensing the small bedroom amounted to a surrender of part of the tenancy

Ratio Decidendi

There was no clear evidence of a surrender of the whole tenancy and a regrant of part; the arrangements for others to occupy the small bedroom were consistent with subletting or licensing, not a surrender. Ms Robinson retained statutory tenancy of the whole flat, including the small bedroom.

Court Disposition

appeal dismissed

Orders

  • Claim for possession of the small bedroom dismissed
  • Ms Robinson retains statutory tenancy of the whole flat