Section: Housing Management

Case Law Update

A periodic assured tenancy agreement, which was granted by a registered social landlord, allowed for the rent to be increased by service of a landlord's notice on the tenant: due to the clause the landlord was not required to comply with the rent review procedure set out by s13 of the Housing Act 1988.

The tenant's handbook stated that, if the tenant disagreed with the increase, the rent could be referred to a Rent Assessment Committee.

The landlord served notice and the tenant referred it to a Rent Assessment Committee. A judge decided that the Committee had jurisdiction to set the new rent, or that the landlord was estopped from denying it had.

The Court of Appeal allowed the landlord's appeal. The existence of a provision for rent increases in the agreement ousted the jurisdiction of the Committee. Jurisdiction to exercise a statutory function could not be sustained by an estoppel.

Countour Homes Ltd v Rowen [2007] All ER (D) 310 (Jun), 26 June
Following complaints of nuisance from neighbours, the Council obtained an Injunction to prevent the defendant, who was one of its tenants, from going onto the communal roof of a block of flats to leave food out for birds and cats.

On breach of the Injunction, the Council applied to commit. The judge found the tenant guilty of contempt and imposed a fine.

The tenant appealed on the basis of technical defects in the committal proceedings, in that the evidence which should have been contained in affidavits was given in witness statements. The Court of Appeal dismissed the appeal. The procedural defects had been minor and had caused no injustice.

Hillingdon LBC v Vijayatunga [2007] All ER B(D) 357(June), 28 June

Section: Housing Management

Case Law Update

Legal Update

Reporting on May-July 2007

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