Wycombe District Council v Huijer & Anor

Wycombe District Council v Huijer & Anor

Permission to appeal was granted because the judge failed to address the burden of proof and took an unfair and mistaken view of the council's conduct, which may have affected his factual findings regarding whether the property was the tenant's principal home.

Parties
Claimant/appellant: Wycombe District Council; Defendant/respondent: Huijer & Anr
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Secure Tenancy, Right to Buy, Principal Residence, Burden of Proof
Land Law Housing Law Secure Tenancy Right to Buy Principal Residence Burden of Proof

Case Brief

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Parties

Wycombe District Council

Claimant/appellant

Huijer & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the tenancy was still a secure tenancy at the date of termination
  2. 2 Whether the property was the tenant's principal home under the Housing Act 1985
  3. 3 Whether the judge erred in his assessment of the parties' conduct and the burden of proof

Ratio Decidendi

Permission to appeal was granted because the judge failed to address the burden of proof and took an unfair and mistaken view of the council's conduct, which may have affected his factual findings regarding whether the property was the tenant's principal home.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted
  • Extension of time granted