Gray & Ors v Taylor [1998] EWCA Civ 603 (2 April 1998)

Gray & Ors v Taylor [1998] EWCA Civ 603 (2 April 1998)

Occupation by almsperson is referable to trustee-beneficiary relationship under the charity scheme, not a tenancy; exclusive possession and weekly contributions do not convert the arrangement into a tenancy under the Housing Act 1988.

Citation
[1998] EWCA Civ 603
Parties
Plaintiffs (respondents): Constance Margaret Gray and Others; Defendant (appellant): Mrs Dorothy Taylor
Jurisdiction
England and Wales
Judgment Date
02 April 1998
Procedural Posture
Appeal From County Court Decision / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Tenancy Vs Licence, Exclusive Possession, Trustee Beneficiary Relationship, Charitable Occupation
Property Law Charity Law Housing Law Tenancy Vs Licence Exclusive Possession Trustee Beneficiary Relationship Charitable Occupation

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Parties

Constance Margaret Gray and Others

Plaintiffs (respondents)

Mrs Dorothy Taylor

Defendant (appellant)

Procedural Posture

Appeal From County Court Decision / Final Appellate Judgment

Legal Issues

  1. 1 Whether occupation by almsperson constitutes a tenancy under Housing Act 1988
  2. 2 Whether almsperson is an assured tenant or licensee
  3. 3 Nature of exclusive possession in charitable housing

Ratio Decidendi

Occupation by almsperson is referable to trustee-beneficiary relationship under the charity scheme, not a tenancy; exclusive possession and weekly contributions do not convert the arrangement into a tenancy under the Housing Act 1988.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs
  • appellant's liability for costs assessed at nil