London Borough of Southwark v O'Sullivan [2006] EWCA Civ 124 (27 January 2006)

London Borough of Southwark v O'Sullivan [2006] EWCA Civ 124 (27 January 2006)

The judge's order for possession cannot stand because the preliminary issue was decided without proper factual findings; the appeal is allowed and the matter remitted for trial of all issues, including those previously ordered as preliminary, once facts are ascertained.

Citation
[2006] EWCA Civ 124
Parties
Claimant/appellant: London Borough of Southwark; Defendant/respondent: Elizabeth O'Sullivan; Defendant/respondent: Florence O'Sullivan
Jurisdiction
England and Wales
Judgment Date
27 January 2006
Procedural Posture
Civil Appeal / Appeal From County Court Order on Preliminary Issues
Outcome
appeal allowed
Legal Topics
Tenancy Termination, Relationship Breakdown, Domestic Violence, Specific Performance, Human Rights
Landlord and Tenant Housing Law Family Law Tenancy Termination Relationship Breakdown Domestic Violence Specific Performance Human Rights

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Parties

London Borough of Southwark

Claimant/appellant

Elizabeth O'Sullivan

Defendant/respondent

Florence O'Sullivan

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Order on Preliminary Issues

Legal Issues

  1. 1 Whether clause 3(1) of the tenancy agreement can be enforced after termination of the tenancy
  2. 2 Whether the triggering event for council obligations under clause 3(1) occurred before tenancy termination
  3. 3 Effect of domestic violence allegations on council's obligations under clause 3(2)

Ratio Decidendi

The judge's order for possession cannot stand because the preliminary issue was decided without proper factual findings; the appeal is allowed and the matter remitted for trial of all issues, including those previously ordered as preliminary, once facts are ascertained.

Court Disposition

appeal allowed

Orders

  • set aside paragraphs 1 and 7 of the order of 5 May 2005
  • discharge paragraph 5 of the order of 22 October 2004