Watts v Stewart & Ors

Watts v Stewart & Ors

Mrs Watts was not a tenant but a licensee occupying as a beneficiary of the charity; the terms of occupation did not grant legal exclusive possession; exclusion from security of tenure for almshouse residents is justified and not discriminatory under Article 14 ECHR; and the proceedings were not 'charity proceedings' requiring authorisation under Charities Act 2011 section 115.

Parties
Appellant: Mrs Janet Watts; Respondents: Mrs Ann Stewart, Mrs Sheila Harris, Mrs Ruth Price, Mrs Elizabeth Wolsey as Trustees of the Ashtead United Charity; First Interested Party: Secretary of State for Communities and Local Government; Second Interested Party: Charity Commission for England & Wales; Third Interested Party: National Association of Almshouses
Jurisdiction
England and Wales
Judgment Date
08 December 2016
Procedural Posture
Civil Appeal / Appeal From County Court (possession Order and Preliminary Issues)
Outcome
Appeal dismissed
Legal Topics
Status of Almshouse Residents, Tenancy Vs Licence, Security of Tenure, Article 8 and 14 ECHR, Charities Act 2011 Section 115, Discrimination in Housing
Land Law Charity Law Human Rights Status of Almshouse Residents Tenancy Vs Licence Security of Tenure Article 8 and 14 ECHR Charities Act 2011 Section 115 +1 more

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Parties

Mrs Janet Watts

Appellant

Mrs Ann Stewart, Mrs Sheila Harris, Mrs Ruth Price, Mrs Elizabeth Wolsey as Trustees of the Ashtead United Charity

Respondents

Secretary of State for Communities and Local Government

First Interested Party

Charity Commission for England & Wales

Second Interested Party

National Association of Almshouses

Third Interested Party

Procedural Posture

Civil Appeal / Appeal From County Court (possession Order and Preliminary Issues)

Legal Issues

  1. 1 Whether almshouse residents are tenants or licensees
  2. 2 Whether exclusion from security of tenure is discriminatory under Article 14 ECHR when read with Article 8
  3. 3 Whether proceedings required authorisation under Charities Act 2011 section 115

Ratio Decidendi

Mrs Watts was not a tenant but a licensee occupying as a beneficiary of the charity; the terms of occupation did not grant legal exclusive possession; exclusion from security of tenure for almshouse residents is justified and not discriminatory under Article 14 ECHR; and the proceedings were not 'charity proceedings' requiring authorisation under Charities Act 2011 section 115.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of the Property upheld
  • Mrs Watts to give up possession by specified date