McIntyre & Anor, R (on the application of) v Gentoo Group Ltd

McIntyre & Anor, R (on the application of) v Gentoo Group Ltd

The condition imposed by NSHC requiring payment of arrears relating to a different property was not lawfully imposed as it had nothing to do with the relationship of landlord and tenant in regard to the subject matter of the tenancy; NSHC erred in law by taking into account a legally irrelevant consideration. However, relief is refused due to the existence of suitable alternative remedies.

Parties
Claimant: Anthony McIntyre; Claimant: Elaine McIntyre; Defendant: Gentoo Group Limited
Jurisdiction
England and Wales
Judgment Date
04 January 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Mutual Exchange of Tenancies, Amenability to Judicial Review, Reasonableness of Landlord's Conditions, Assignment of Tenancy, Statute Barred Debts, Alternative Remedies
Housing Law Public Law Contract Law Mutual Exchange of Tenancies Amenability to Judicial Review Reasonableness of Landlord's Conditions Assignment of Tenancy Statute Barred Debts +1 more

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Parties

Anthony McIntyre

Claimant

Elaine McIntyre

Claimant

Gentoo Group Limited

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Is a registered social landlord's decision to impose a condition on mutual exchange amenable to judicial review?
  2. 2 Was the condition imposed (payment of historic rent arrears relating to another property) lawful and reasonable under private and public law?
  3. 3 Should relief be refused due to alternative remedies?

Ratio Decidendi

The condition imposed by NSHC requiring payment of arrears relating to a different property was not lawfully imposed as it had nothing to do with the relationship of landlord and tenant in regard to the subject matter of the tenancy; NSHC erred in law by taking into account a legally irrelevant consideration. However, relief is refused due to the existence of suitable alternative remedies.

Court Disposition

claim dismissed