White v Barnet LBC
White v Barnet LBC
- 1989
- Weekly Law Reports (1989) 3 WLR 131-138(8) .
CA 7 March 1989 A house was divided into two flats , one of which was let under a long lease with a low rent and the other was a statutory tenancy at a registered rent. In 1987 the local authority served on the freeholder and tenants under the Housing Act 1985 s190 , a statutory notice to repair . The statutory tenant appealed to the cc who allowed the appeal on the ground that a statutory tenant was not a "person having control" of the house under s207 of the Act. On appeal by the council, CA held that as the statutory tenant was paying a rack rent she was not a "person having control" of the house and therefore the repair notice served on her was invalid.
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 7 March 1989 A house was divided into two flats , one of which was let under a long lease with a low rent and the other was a statutory tenancy at a registered rent. In 1987 the local authority served on the freeholder and tenants under the Housing Act 1985 s190 , a statutory notice to repair . The statutory tenant appealed to the cc who allowed the appeal on the ground that a statutory tenant was not a "person having control" of the house under s207 of the Act. On appeal by the council, CA held that as the statutory tenant was paying a rack rent she was not a "person having control" of the house and therefore the repair notice served on her was invalid.
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES