Dudley MBC v Bailey
Dudley MBC v Bailey
- 1991
- Estates Gazette (1991) 10 EG 140-145(4) .
CA 18 May 1990. Appeal by landlords Dudley MBC (D) against cc decision on the grounds that the cc was deprived of jurisdiction under Housing Act 1985 s83 by reason of error in the notice of proceedings for possession . Cc held that D`s notice was defective and that it had misunderstood the law. The defendant tenant Bailey (B) held a weekly secure tenancy . The CA held that D did not invalidate the notice and refused to accept B`s argument that the Secure Tenancies (Notices) Regulations 1987 were ultra vires to 1985 Act. Appeal allowed. Case remitted to cc. Refused leave to appeal to HL.
CA 18 May 1990. Appeal by landlords Dudley MBC (D) against cc decision on the grounds that the cc was deprived of jurisdiction under Housing Act 1985 s83 by reason of error in the notice of proceedings for possession . Cc held that D`s notice was defective and that it had misunderstood the law. The defendant tenant Bailey (B) held a weekly secure tenancy . The CA held that D did not invalidate the notice and refused to accept B`s argument that the Secure Tenancies (Notices) Regulations 1987 were ultra vires to 1985 Act. Appeal allowed. Case remitted to cc. Refused leave to appeal to HL.