Otter v Norman
Otter v Norman
- 1987
- Estates Gazette 284(6356) 17 October 1987, 372-375(2) .
CA 22 July 1987. Appeal by tenant (N) from previous cc decision granting the landlord (O) possession of a room occupied by N. The room was let to N at a rent of 50 per week, and included the provision by O of a continental breakfast; no other meals were provided. At issue was whether`s N`s tenancy was protected. Under the Rent Act 1977 s7(1) "A tenancy is not a protected tenancy if the dwelling house is bona fide let at a rent which includes payments in respect of board and attendance". O claimed that by reason of provision of board the tenancy was not protected. N submitted that what was provided did not constitute board within the meaning of s7(1). Cc rejected N`s submission and granted O possession. N appealed. CA considered a number of authorities, paying particular attention to the decision in Wilkes v Goodwin , (1923) 2 KB 86, which concerned a similar provision in the Rent Act 1920 s12(2) . CA held that there was a bona fide contract for the rent to include payment for board.
CA 22 July 1987. Appeal by tenant (N) from previous cc decision granting the landlord (O) possession of a room occupied by N. The room was let to N at a rent of 50 per week, and included the provision by O of a continental breakfast; no other meals were provided. At issue was whether`s N`s tenancy was protected. Under the Rent Act 1977 s7(1) "A tenancy is not a protected tenancy if the dwelling house is bona fide let at a rent which includes payments in respect of board and attendance". O claimed that by reason of provision of board the tenancy was not protected. N submitted that what was provided did not constitute board within the meaning of s7(1). Cc rejected N`s submission and granted O possession. N appealed. CA considered a number of authorities, paying particular attention to the decision in Wilkes v Goodwin , (1923) 2 KB 86, which concerned a similar provision in the Rent Act 1920 s12(2) . CA held that there was a bona fide contract for the rent to include payment for board.