ANDRÉ v ROBINSON

ANDRÉ v ROBINSON

The facts did not establish a surrender of the whole and a regrant of part; there was no unambiguous act of surrender, and the arrangement for others to occupy the small bedroom was consistent with a sub-letting or licensee arrangement, not a surrender. The respondent remained the statutory tenant of the whole flat, and the appellant had no right to possession of the small bedroom.

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

Case Brief

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Parties

André

Appellant

Robinson

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the tenancy included both bedrooms or was reduced by surrender and regrant in 1996
  2. 2 Whether Ms Robinson surrendered possession of the small bedroom to the landlord

Ratio Decidendi

The facts did not establish a surrender of the whole and a regrant of part; there was no unambiguous act of surrender, and the arrangement for others to occupy the small bedroom was consistent with a sub-letting or licensee arrangement, not a surrender. The respondent remained the statutory tenant of the whole flat, and the appellant had no right to possession of the small bedroom.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No right to possession of the small bedroom granted to the appellant