London Borough of Lambeth v Vandra & Ors

London Borough of Lambeth v Vandra & Ors

The district judge was entitled to infer from the established facts and lack of credible explanation from Miss Vandra that there was unlawful subletting of the whole premises, and the appellate judge erred in overturning this finding on the basis of no evidence.

Parties
Claimant/appellant: London Borough of Lambeth; Defendant/respondent: Vandra
Jurisdiction
England and Wales
Judgment Date
19 December 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Unlawful Subletting, Secure Tenancy, Burden of Proof, Possession Proceedings
Landlord and Tenant Housing Law Unlawful Subletting Secure Tenancy Burden of Proof Possession Proceedings

Case Brief

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Parties

London Borough of Lambeth

Claimant/appellant

Vandra

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Miss Vandra unlawfully sublet the whole of the premises and thereby lost her secure tenancy
  2. 2 Whether the district judge's finding of fact was supported by sufficient evidence
  3. 3 Whether the burden of proof was correctly applied

Ratio Decidendi

The district judge was entitled to infer from the established facts and lack of credible explanation from Miss Vandra that there was unlawful subletting of the whole premises, and the appellate judge erred in overturning this finding on the basis of no evidence.

Court Disposition

appeal allowed

Orders

  • Order for possession restored
  • Possession of premises within six weeks