Windsor & District Housing Association v Hewitt [2011] EWCA Civ 735 (19 May 2011)

Windsor & District Housing Association v Hewitt [2011] EWCA Civ 735 (19 May 2011)

The Association established that Ms Hewitt made a continuing representation of intention that her son would live with her as her carer, which became false before the tenancy was granted. There was no evidence that Ms Hewitt had forgotten her earlier statement, and the presumption of inducement was not rebutted by the Core Lettings Log. The requirements of ground 17 of Schedule 2 of the Housing Act 1988 were satisfied.

Citation
[2011] EWCA Civ 735
Parties
Appellant: Windsor & District Housing Association; Respondent: Hewitt
Jurisdiction
England and Wales
Judgment Date
19 May 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Assured Tenancy, Misrepresentation, Fraudulent Statement, Ground 17 Housing Act 1988, Possession Proceedings
Housing Law Landlord and Tenant Law Assured Tenancy Misrepresentation Fraudulent Statement Ground 17 Housing Act 1988 Possession Proceedings

Case Brief

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Parties

Windsor & District Housing Association

Appellant

Hewitt

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the tenant made a knowingly or recklessly false statement inducing the grant of tenancy under ground 17 of Schedule 2 of the Housing Act 1988
  2. 2 Whether the landlord was induced to grant the tenancy by the alleged false statement
  3. 3 Whether the tenant's statement was a continuing representation of intention

Ratio Decidendi

The Association established that Ms Hewitt made a continuing representation of intention that her son would live with her as her carer, which became false before the tenancy was granted. There was no evidence that Ms Hewitt had forgotten her earlier statement, and the presumption of inducement was not rebutted by the Core Lettings Log. The requirements of ground 17 of Schedule 2 of the Housing Act 1988 were satisfied.

Court Disposition

Appeal allowed

Orders

  • Judgment of District Judge Parker set aside
  • Further submissions on the form of any other order invited