Garbet, R (on the application of) v Circle 33 Housing Trust [2009] EWHC 3153 (Admin) (07 December 2009)

Garbet, R (on the application of) v Circle 33 Housing Trust [2009] EWHC 3153 (Admin) (07 December 2009)

The defendant was contractually obliged to provide a resident warden service to the claimant and could not withdraw this service without first consulting the claimant in accordance with the tenancy agreement. The defendant breached this obligation by withdrawing the resident warden service after 5 February 2009 without prior consultation.

Citation
[2009] EWHC 3153 (Admin)
Parties
Claimant: Joan Garbet; Defendant: Circle 33 Housing Trust; Interested Party: Eastbourne Homes Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2009
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claimant succeeds on the substance of her claim; declaration granted.
Legal Topics
Sheltered Accommodation, Tenancy Agreements, Consultation Obligations, Legitimate Expectation, Public Authority Status, Judicial Review, Service Provision in Housing
Housing Law Contract Law Administrative Law Sheltered Accommodation Tenancy Agreements Consultation Obligations Legitimate Expectation Public Authority Status +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joan Garbet

Claimant

Circle 33 Housing Trust

Defendant

Eastbourne Homes Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the defendant was contractually obliged to provide a resident warden service to the claimant
  2. 2 Whether the defendant breached its obligation by withdrawing the resident warden service without consultation
  3. 3 Whether the claimant's remedy lies in public law or private law

Ratio Decidendi

The defendant was contractually obliged to provide a resident warden service to the claimant and could not withdraw this service without first consulting the claimant in accordance with the tenancy agreement. The defendant breached this obligation by withdrawing the resident warden service after 5 February 2009 without prior consultation.

Court Disposition

Claimant succeeds on the substance of her claim; declaration granted.

Orders

  • Declaration that the defendant acted unlawfully in withdrawing the resident warden service after 5 February 2009 without first consulting the claimant in accordance with the tenancy agreement.
  • Permission for judicial review granted.