Barnett and another v O`Sullivan
Barnett and another v O`Sullivan
- 1995
- Estates Gazette (1995) 04 EG 153-155(3) .
CA 19 May 1995. In 1960, shortly after acquiring the property, B rented a room to S. Prior to 1984 B acquired another property in the same road and planned to move to that converting the original into three self-contained flats. S and B`s son moved to the new property in February 1984. B did not move in till a week later. In February 1992 S was given notice to quit. The CC judge made an order for possession accepting that B were resident landlords for the purposes of Rent Act 1977 s12(1)(h). S appealed on the grounds that B was not in residence until a week after the tenancy has been granted and was therefore not a resident landlord. Appeal dismissed on the grounds that it was purely fortuitous that it was convenient and sensible for S and B`s son to move first.
NOTICE TO QUIT
RENT ACT 1977 S12(1)(H)
RENTED ROOM
RESIDENT LANDLORDS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 19 May 1995. In 1960, shortly after acquiring the property, B rented a room to S. Prior to 1984 B acquired another property in the same road and planned to move to that converting the original into three self-contained flats. S and B`s son moved to the new property in February 1984. B did not move in till a week later. In February 1992 S was given notice to quit. The CC judge made an order for possession accepting that B were resident landlords for the purposes of Rent Act 1977 s12(1)(h). S appealed on the grounds that B was not in residence until a week after the tenancy has been granted and was therefore not a resident landlord. Appeal dismissed on the grounds that it was purely fortuitous that it was convenient and sensible for S and B`s son to move first.
NOTICE TO QUIT
RENT ACT 1977 S12(1)(H)
RENTED ROOM
RESIDENT LANDLORDS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES