Epping Forest DC v Pomphrett and another
Epping Forest DC v Pomphrett and another
- (1990 35 EG 60-63(2)
- Estates Gazette (1990 35 EG 60-63(2) .
CA 5 March 1990 Appeal by Pomphrett (P) from a cc decision granting the council (E) possession of a dwelling-house and payment of mesne profits. A counterclaim by P that they were entitled to the property by succession or that they were secure tenants was dismissed. A weekly tenancy had been granted to the father of P and on his death in 1978 the tenancy was vested in the President of Family Division. The President had no power to assign the tenancy vested in him or vest it in someone else. CC held, however, that the mother had the power, in conjunction with the local authority to vest the tenancy in herself and accordingly treated her as successor under Housing Act 1980 s31(1)(d) . This meant that any further succession was ruled out. CA held that neither the President nor E had the power to convey the tenancy vested in the President. Correspondence between E and the mother showed, however, that a relationship of landlord and tenant was intended and that in law this created a new te
CASE LAW
LOCAL AUTHORITIES
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 5 March 1990 Appeal by Pomphrett (P) from a cc decision granting the council (E) possession of a dwelling-house and payment of mesne profits. A counterclaim by P that they were entitled to the property by succession or that they were secure tenants was dismissed. A weekly tenancy had been granted to the father of P and on his death in 1978 the tenancy was vested in the President of Family Division. The President had no power to assign the tenancy vested in him or vest it in someone else. CC held, however, that the mother had the power, in conjunction with the local authority to vest the tenancy in herself and accordingly treated her as successor under Housing Act 1980 s31(1)(d) . This meant that any further succession was ruled out. CA held that neither the President nor E had the power to convey the tenancy vested in the President. Correspondence between E and the mother showed, however, that a relationship of landlord and tenant was intended and that in law this created a new te
CASE LAW
LOCAL AUTHORITIES
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES