Brickfield Properties Ltd v Hughes and others
Language: English Series: Estates Gazette ; (8824) 18 June 1988, 95-102(5)Publication details: 1988Subject(s): Summary: CA 26 October 1987. Appeal by landlords (B) from cc decision dismissing their claim for possession of a flat let to H since 1961. From 1968 H was a statutory tenant. In or about 1970 H`s wife inherited a cottage in Lancashire, used for a few years for holidays. In 1978, after he retired, H stayed with his wife in Lancashire. Since 1978 the flat had been occupied by all or some of H`s four children. At issue was whether H continued to be a statutory tenant after the summer of 1978. B brought proceedings for possession alleging that H no longer "occupied the dwelling house as his residence" under the Rent Act 1977 s2 . Cc judge decided in H`s favour, finding that H continued to regard the flat as his home and would probably return if his wife died before him, or if either had difficulty in coping with living at the cottage; they were both in their seventies and the time when they could no longer cope could not be far away. B appealed. CA held that it could not interfere with cc decisio| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39345 (Browse shelf(Opens below)) | 1 | Available | 16060-1001 |
CA 26 October 1987. Appeal by landlords (B) from cc decision dismissing their claim for possession of a flat let to H since 1961. From 1968 H was a statutory tenant. In or about 1970 H`s wife inherited a cottage in Lancashire, used for a few years for holidays. In 1978, after he retired, H stayed with his wife in Lancashire. Since 1978 the flat had been occupied by all or some of H`s four children. At issue was whether H continued to be a statutory tenant after the summer of 1978. B brought proceedings for possession alleging that H no longer "occupied the dwelling house as his residence" under the Rent Act 1977 s2 . Cc judge decided in H`s favour, finding that H continued to regard the flat as his home and would probably return if his wife died before him, or if either had difficulty in coping with living at the cottage; they were both in their seventies and the time when they could no longer cope could not be far away. B appealed. CA held that it could not interfere with cc decisio