Sanctuary Housing Association v Campbell [1999] EWCA Civ 1030 (18 March 1999)

Sanctuary Housing Association v Campbell [1999] EWCA Civ 1030 (18 March 1999)

The Matrimonial Homes Act 1983 does not prevent a tenant from surrendering a secure tenancy by operation of law even if the spouse remains in occupation; any rights of occupation under the Act are dependent on the continued existence of the tenancy, and once surrendered, those rights fall away. The landlord is entitled to possession.

Citation
[1999] EWCA Civ 1030
Parties
Original Tenant/respondent: Claudia Shaw; Appellant/co Occupier: Donald Campbell; Landlord/respondent: London Borough of Haringey (respondents)
Jurisdiction
England and Wales
Judgment Date
18 March 1999
Procedural Posture
Appeal / Judgment on Appeal From County Court Preliminary Determination
Outcome
appeal dismissed
Legal Topics
Surrender of Tenancy, Matrimonial Home Rights, Secure Tenancy, Operation of Law, Possession Proceedings
Family Law Landlord and Tenant Law Surrender of Tenancy Matrimonial Home Rights Secure Tenancy Operation of Law Possession Proceedings

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Parties

Claudia Shaw

Original Tenant/respondent

Donald Campbell

Appellant/co Occupier

London Borough of Haringey (respondents)

Landlord/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Preliminary Determination

Legal Issues

  1. 1 Whether a contractual tenant can surrender a tenancy by operation of law while a spouse remains in occupation
  2. 2 Whether the Matrimonial Homes Act 1983 confers a right of occupation against the landlord after surrender by the tenant

Ratio Decidendi

The Matrimonial Homes Act 1983 does not prevent a tenant from surrendering a secure tenancy by operation of law even if the spouse remains in occupation; any rights of occupation under the Act are dependent on the continued existence of the tenancy, and once surrendered, those rights fall away. The landlord is entitled to possession.

Court Disposition

appeal dismissed

Orders

  • order nisi against Legal Aid Fund with nil contribution
  • legal aid taxation