Lynch v Kirby [2010] EWHC 297 (QB) (28 January 2010)
An assured tenancy was created on 20th February 1997 as the parties' objective conduct and the signed pre-tenancy determination form evidenced an intention to create legal relations and exclusive possession was granted; the judge erred by considering subjective intention.
Source-derived case information.
- Citation
- [2010] EWHC 297
- Parties
- Applicant: Martin Lynch; Respondent: Kirby
- Jurisdiction
- England and Wales
- Judgment Date
- 28 January 2010
- Procedural Posture
- Appeal / Judgment on Appeal Against Possession Order
- Outcome
- Appeal allowed; claim for possession dismissed
- Legal Topics
- Assured Tenancy, Exclusive Possession, Intention to Create Legal Relations, Housing Benefit, Possession Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Lynch
Applicant
Kirby
Respondent
Procedural Posture
Appeal / Judgment on Appeal Against Possession Order
Legal Issues
- 1 Whether an assured tenancy was created on 20th February 1997
- 2 Whether exclusive possession and intention to create legal relations existed at the relevant time
- 3 Whether the judge erred by considering subjective intention rather than objective intention
Ratio Decidendi
An assured tenancy was created on 20th February 1997 as the parties' objective conduct and the signed pre-tenancy determination form evidenced an intention to create legal relations and exclusive possession was granted; the judge erred by considering subjective intention.
Court Disposition
Appeal allowed; claim for possession dismissed
Orders
- Appeal allowed
- Possession claim dismissed
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