Santos & Anor v Compatriot Holdings Ltd [2007] EWCA Civ 863 (16 July 2007)

Santos & Anor v Compatriot Holdings Ltd [2007] EWCA Civ 863 (16 July 2007)

The appeal was dismissed because the judge was entitled to find, based on evidence and pleadings, that the respondents' tenancy of room 79 followed immediately after room 74, that the gap point was not properly pleaded or raised, and that the housekeeper had authority to grant the tenancy on behalf of the appellant, making the respondents regulated tenants under the Rent Act 1977.

Citation
[2007] EWCA Civ 863
Parties
Respondents: Santos & Anr (Lolita Santos and Dario Santos); Appellant: Compatriot Holdings Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2007
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision
Outcome
Appeal dismissed
Legal Topics
Rent Act 1977, Housing Act 1988, Regulated Tenancy, Transitional Protection, Tenancy Continuity
Landlord and Tenant Housing Law Rent Act 1977 Housing Act 1988 Regulated Tenancy Transitional Protection Tenancy Continuity

Case Brief

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Parties

Santos & Anr (Lolita Santos and Dario Santos)

Respondents

Compatriot Holdings Limited

Appellant

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision

Legal Issues

  1. 1 Whether respondents were regulated tenants under Rent Act 1977 for room 14, 55 Cleveland Square
  2. 2 Whether transitional protection under section 34(1)(b) Housing Act 1988 applied
  3. 3 Whether respondents' tenancy of room 79 was continuous with tenancy of room 74

Ratio Decidendi

The appeal was dismissed because the judge was entitled to find, based on evidence and pleadings, that the respondents' tenancy of room 79 followed immediately after room 74, that the gap point was not properly pleaded or raised, and that the housekeeper had authority to grant the tenancy on behalf of the appellant, making the respondents regulated tenants under the Rent Act 1977.

Court Disposition

Appeal dismissed

Orders

  • Respondents declared regulated tenants under Rent Act 1977 for room 14, 55 Cleveland Square
  • Appellant's counterclaim for assured shorthold tenancy, possession, and arrears dismissed