Rogerson v Wigan MBC

Rogerson v Wigan MBC

The premises constituted a hostel under the Housing Act 1985, making the licence an excluded licence under the Protection from Eviction Act 1977; therefore, the claimant was not entitled to the protections of the 1977 Act and the appeal fails.

Parties
Claimant: Andrew Rogerson; Defendant: Wigan MBC
Jurisdiction
England and Wales
Judgment Date
14 July 2004
Procedural Posture
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Unlawful Eviction, Protection From Eviction Act 1977, Housing Act 1996, Excluded Licences, Hostel Accommodation, Statutory Interpretation
Housing Law Administrative Law Unlawful Eviction Protection From Eviction Act 1977 Housing Act 1996 Excluded Licences Hostel Accommodation Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Rogerson

Claimant

Wigan MBC

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the claimant was unlawfully evicted in breach of the Protection from Eviction Act 1977
  2. 2 Whether the premises constituted a 'hostel' under the Housing Act 1985, thus making the licence an excluded licence
  3. 3 Whether the accommodation was occupied as a dwelling under a licence

Ratio Decidendi

The premises constituted a hostel under the Housing Act 1985, making the licence an excluded licence under the Protection from Eviction Act 1977; therefore, the claimant was not entitled to the protections of the 1977 Act and the appeal fails.

Court Disposition

Appeal dismissed