London Borough of Lambeth v Emeter

London Borough of Lambeth v Emeter

The applicant was not occupying the property as his only or principal home at the material time; the judge was entitled to reject his evidence and accept the council's case based on the facts and credibility findings.

Parties
Appellant: London Borough of Lambeth; Respondent: Emeter
Jurisdiction
England and Wales
Judgment Date
27 April 2010
Procedural Posture
Civil / Renewed Application for Permission to Appeal
Outcome
appeal dismissed
Legal Topics
Secure Tenancy, Possession Proceedings, Principal Home Requirement, Sub Letting
Landlord and Tenant Housing Law Secure Tenancy Possession Proceedings Principal Home Requirement Sub Letting

Case Brief

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Parties

London Borough of Lambeth

Appellant

Emeter

Respondent

Procedural Posture

Civil / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the respondent was occupying the property as his only or principal home at the material time
  2. 2 Whether the order for possession was properly made under the Housing Act 1985

Ratio Decidendi

The applicant was not occupying the property as his only or principal home at the material time; the judge was entitled to reject his evidence and accept the council's case based on the facts and credibility findings.

Court Disposition

appeal dismissed

Orders

  • renewed application for permission to appeal dismissed