London Borough of Lambeth v Thomas
London Borough of Lambeth v Thomas
- 1997
- Property, planning & compensation reports [1997] 74 P&CR 189-199(11) .
CA 25 March 1997. The appellant (the local authority and landlord) gave notice of intention to seek possession of its property due to money owing. The bulk of the sum pertained to unpaid water charges which the appellant had agreed to collect on behalf of the relevant water authority. The lease was a secure tenancy governed by the Housing Act 1985. The CC judge decided that the water charges constituted "rent" for the purposes of the Act, however the judge refused to make a possession order being particularly influenced by the fact that the water authority was a private company. The appellant`s appeal was allowed, on the grounds that the learned Judge`s approach was wrong in principle and influenced by irrelevant considerations.
HOUSING ACT 1985
POSSESSION PROCEEDINGS
RENT ARREARS
WATER AUTHORITY
WATER CHARGES
CA 25 March 1997. The appellant (the local authority and landlord) gave notice of intention to seek possession of its property due to money owing. The bulk of the sum pertained to unpaid water charges which the appellant had agreed to collect on behalf of the relevant water authority. The lease was a secure tenancy governed by the Housing Act 1985. The CC judge decided that the water charges constituted "rent" for the purposes of the Act, however the judge refused to make a possession order being particularly influenced by the fact that the water authority was a private company. The appellant`s appeal was allowed, on the grounds that the learned Judge`s approach was wrong in principle and influenced by irrelevant considerations.
HOUSING ACT 1985
POSSESSION PROCEEDINGS
RENT ARREARS
WATER AUTHORITY
WATER CHARGES