London Borough of Wandsworth v Randall

London Borough of Wandsworth v Randall

The relevant date for determining 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 the date of the hearing, not the date of succession. This interpretation accords with the statutory language, context, and purpose, and avoids absurd or unworkable results.

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; Judgment of Court of Appeal
Outcome
appeal dismissed; case remitted to County Court
Legal Topics
Secure Tenancies, Succession to Tenancy, Possession Proceedings, Suitable Alternative Accommodation, Statutory Interpretation
Housing Law Landlord and Tenant Law Secure Tenancies Succession to Tenancy Possession Proceedings Suitable Alternative Accommodation Statutory Interpretation

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 4
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; Judgment of 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 the date of succession or the date of the hearing for assessing reasonable requirements and suitable alternative accommodation under ground 16?

Ratio Decidendi

The relevant date for determining 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 the date of the hearing, not the date of succession. This interpretation accords with the statutory language, context, and purpose, and avoids absurd or unworkable results.

Court Disposition

appeal dismissed; case remitted to County Court

Orders

  • Case remitted to County Court to determine whether suitable accommodation (e.g., a three bedroom flat) will be available for Mr Randall and his family when the order takes effect.