Islington v UCKAC & Anor

Islington v UCKAC & Anor

Ground 5 of Schedule 2 to the Housing Act 1985 does not permit possession proceedings against an assignee of a secure tenancy, even if the assignee was party to the original fraud. The statutory scheme is exhaustive and precludes the remedy of rescission for fraudulent misrepresentation in the context of secure tenancies.

Parties
Appellant/claimant: London Borough of Islington; Respondent/defendant: UCKAC; Respondent/defendant: ANR
Jurisdiction
England and Wales
Judgment Date
30 March 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
appeal dismissed; application to re-amend Particulars of Claim allowed
Legal Topics
Secure Tenancy, Fraudulent Misrepresentation, Rescission, Statutory Interpretation, Assignment of Tenancy
Landlord and Tenant Housing Law Contract Law Secure Tenancy Fraudulent Misrepresentation Rescission Statutory Interpretation Assignment of Tenancy

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Parties

London Borough of Islington

Appellant/claimant

UCKAC

Respondent/defendant

ANR

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether ground 5 of Schedule 2 to the Housing Act 1985 is available where the secure tenancy has been assigned to a party to the fraud
  2. 2 Whether rescission is available to a landlord for fraudulent misrepresentation in the context of a secure tenancy under the Housing Act 1985

Ratio Decidendi

Ground 5 of Schedule 2 to the Housing Act 1985 does not permit possession proceedings against an assignee of a secure tenancy, even if the assignee was party to the original fraud. The statutory scheme is exhaustive and precludes the remedy of rescission for fraudulent misrepresentation in the context of secure tenancies.

Court Disposition

appeal dismissed; application to re-amend Particulars of Claim allowed

Orders

  • Appeal dismissed on both issues
  • Permission granted to re-amend the Particulars of Claim