North Hertfordshire District Council v Carthy & Anor [2003] EWCA Civ 20 (17 January 2003)

North Hertfordshire District Council v Carthy & Anor [2003] EWCA Civ 20 (17 January 2003)

The recorder erred in failing to consider whether it was reasonable to make a possession order after finding a false statement or omission. The appeal is allowed and the issue of reasonableness is remitted for determination by a different judge.

Citation
[2003] EWCA Civ 20
Parties
Claimant/appellant: North Hertfordshire District Council; Defendant/respondent: Malcolm Carthy; Defendant/respondent: Maria Elena Carthy
Jurisdiction
England and Wales
Judgment Date
17 January 2003
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Possession Order, False Statement, Homelessness, Reasonableness of Eviction, Housing Act 1985, Housing Act 1996
Housing Law Civil Procedure Possession Order False Statement Homelessness Reasonableness of Eviction Housing Act 1985 Housing Act 1996

Case Brief

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Parties

North Hertfordshire District Council

Claimant/appellant

Malcolm Carthy

Defendant/respondent

Maria Elena Carthy

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendants made a false statement or failed to correct a continuing representation to the council regarding their housing status
  2. 2 Whether the false statement induced the council to grant a secure tenancy
  3. 3 Whether it is reasonable to make a possession order under the Housing Act 1985

Ratio Decidendi

The recorder erred in failing to consider whether it was reasonable to make a possession order after finding a false statement or omission. The appeal is allowed and the issue of reasonableness is remitted for determination by a different judge.

Court Disposition

appeal allowed

Orders

  • The issue of reasonableness is remitted to a different judge in a Hertfordshire court.
  • No order for costs here or below.