Otter v Norman
Otter v Norman
- 1988
- Weekly Law Reports (1988) 3 WLR 321-326(6) .
HL 7 July 1988 Appeal by Norman (N) from CA decision dismissing an appeal by N from a cc order by which N was required to give up possession of a bed-sitting room. The landlord Otter (O) had let the room to N at a weekly rent which included a continental breakfast served in a communal dining room. O claimed for possession and both the cc and CA held that N did not have a protected tenancy because the daily provision of breakfast amounted to " board " under Rent Act 1977 s7(1) . HL held, dismissing appeal, that any amount of board that was not de minimus was sufficient to exclude a tenancy from statutory protection and that the provision of a meal, including the ancillary service involved in preparing it and the provision of crockery and cutlery, amounted to "board" within the meaning of s7(1).
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
HL 7 July 1988 Appeal by Norman (N) from CA decision dismissing an appeal by N from a cc order by which N was required to give up possession of a bed-sitting room. The landlord Otter (O) had let the room to N at a weekly rent which included a continental breakfast served in a communal dining room. O claimed for possession and both the cc and CA held that N did not have a protected tenancy because the daily provision of breakfast amounted to " board " under Rent Act 1977 s7(1) . HL held, dismissing appeal, that any amount of board that was not de minimus was sufficient to exclude a tenancy from statutory protection and that the provision of a meal, including the ancillary service involved in preparing it and the provision of crockery and cutlery, amounted to "board" within the meaning of s7(1).
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES