Jackson v Pekic
Jackson v Pekic
- 1989
- Estates Gazette (1989) 47 EG 141-147(4) .
CA 26 May 1989. Appeal by tenant (O) from a possession order made in respect of a room occupied by O. Jackson (J) sued as administratix of the estate of her mother Mrs Jovanka (JO) on the grounds that JO`s occupation of a room in the property brought her within the resident landlord exemption uner Rent Act 1977 s12 and therefore O did not enjoy a protected tenancy . However evidence showed that JO had not been living in any part of the house as her residence between October 1973 and September 1977. CC decided that JO had been residing in the house for the purposes of the 1977 Act and dismissed as merely informal arrangements, evidence that other people had occupied JO`s room in her absence. On appeal by O, CA held that the cc`s decision that there had been no abandonment by JO of her intention to reside between 1973 and 1977, could not on the evidence be sustained. The evidence indicated that had been lettings of her room during her absence. There must also be an intention to return
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 26 May 1989. Appeal by tenant (O) from a possession order made in respect of a room occupied by O. Jackson (J) sued as administratix of the estate of her mother Mrs Jovanka (JO) on the grounds that JO`s occupation of a room in the property brought her within the resident landlord exemption uner Rent Act 1977 s12 and therefore O did not enjoy a protected tenancy . However evidence showed that JO had not been living in any part of the house as her residence between October 1973 and September 1977. CC decided that JO had been residing in the house for the purposes of the 1977 Act and dismissed as merely informal arrangements, evidence that other people had occupied JO`s room in her absence. On appeal by O, CA held that the cc`s decision that there had been no abandonment by JO of her intention to reside between 1973 and 1977, could not on the evidence be sustained. The evidence indicated that had been lettings of her room during her absence. There must also be an intention to return
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES