City Of Westminster v Salama [2001] EWCA Civ 1902 (5 December 2001)

City Of Westminster v Salama [2001] EWCA Civ 1902 (5 December 2001)

Mr Salama had no legal right to occupy 97 Keats House; the complaints regarding the order's wording and timing do not provide grounds for appeal. The question of whether a tenancy was created by Westminster Council's conduct remains unresolved and requires further investigation.

Citation
[2001] EWCA Civ 1902
Parties
Claimant/respondent: The Lord Mayor & Citizens of the City of Westminster; Defendant/appellant: Mahmood Salama
Jurisdiction
England and Wales
Judgment Date
05 December 2001
Procedural Posture
Application for Permission to Appeal / Second Appeal, Adjourned
Outcome
application adjourned
Legal Topics
Possession Proceedings, Creation of Tenancy, Court Orders, Rent Payment
Property Law Landlord and Tenant Possession Proceedings Creation of Tenancy Court Orders Rent Payment

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Parties

The Lord Mayor & Citizens of the City of Westminster

Claimant/respondent

Mahmood Salama

Defendant/appellant

Procedural Posture

Application for Permission to Appeal / Second Appeal, Adjourned

Legal Issues

  1. 1 Whether the order for possession allowed a 28-day stay
  2. 2 Whether Westminster Council created a tenancy of 97 Keats House by issuing a rent payment card

Ratio Decidendi

Mr Salama had no legal right to occupy 97 Keats House; the complaints regarding the order's wording and timing do not provide grounds for appeal. The question of whether a tenancy was created by Westminster Council's conduct remains unresolved and requires further investigation.

Court Disposition

application adjourned

Orders

  • application adjourned until Thursday
  • Westminster City Council to appear to explain their attitude