London Borough of Wandsworth v Randall [2007] EWCA Civ 1126 (07 November 2007)

London Borough of Wandsworth v Randall [2007] EWCA Civ 1126 (07 November 2007)

The composition of the tenant's family for the purposes of ground 16 and Part IV of Schedule 2 to the Housing Act 1985 is determined as at the date of the hearing, not the date of succession. This interpretation accords with the statutory language and purpose, and does not produce absurd or unreasonable results.

Citation
[2007] EWCA Civ 1126
Parties
Appellant/claimant: The Mayor and Burgesses of the London Borough of Wandsworth; Respondent/defendant: Mr Grant Edward Randall
Jurisdiction
England and Wales
Judgment Date
07 November 2007
Procedural Posture
Civil Appeal / Second Appeal From County Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Secure Tenancies, Succession Rights, Possession Proceedings, Statutory Interpretation, Suitable Alternative Accommodation
Housing Law Landlord and Tenant Law Civil Procedure Secure Tenancies Succession Rights Possession Proceedings Statutory Interpretation Suitable Alternative Accommodation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

The Mayor and Burgesses of the London Borough of Wandsworth

Appellant/claimant

Mr Grant Edward Randall

Respondent/defendant

Procedural Posture

Civil Appeal / Second Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 At what date is the composition of the tenant's family determined for the purposes of ground 16 of Schedule 2 to the Housing Act 1985?
  2. 2 Is the relevant date for assessing the needs of the tenant and his family the date of succession or the date of the hearing?

Ratio Decidendi

The composition of the tenant's family for the purposes of ground 16 and Part IV of Schedule 2 to the Housing Act 1985 is determined as at the date of the hearing, not the date of succession. This interpretation accords with the statutory language and purpose, and does not produce absurd or unreasonable results.

Court Disposition

appeal dismissed

Orders

  • Case remitted to the County Court to determine whether suitable alternative accommodation (reasonably suitable to the needs of Mr Randall and his family) will be available when the order takes effect.