Landlord and Tenant
Landlord and Tenant
- 2000
- Estates Gazette Case Summaries [2000] EGCS 152(2) (16/12/00) .
"R v SoS Environment and another, ex parte Spath Holme Ltd", HL 7 December 2000. CA had accepted SH's challenge to the validity of the Rent Acts (Maximum Fair Rent) Order 1999, made under a 'reserve power' in the Landlord and Tenant Act 1985 s31. SoS appealed to HL which ruled that the CA had correctly concluded that the case was one where it was appropriate to consider the statutory predecessor. Applied the majority decision in "Pepper v Hart ", whereby reference to parliamentary materials could only be made if legislation was ambiguous, obscure, or lead to an absurdity; the material relied upon consisted primarily of statements by a minister or promoter of the bill; and the effect of such statements was clear, was applied. These conditions were unsatisfied. Appeal allowed.
FAIR RENTS
LANDLORD AND TENANT ACT 1985 S31
R V SOS ENVIRONMENT AND ANOTHER EX P SPATH HOLME LTD
CURTIS AND OTHERS V LONDON RENT ASSESSMENT COMMITTEE AND OTHERS
RENT ACTS (MAXIMUM FAIR RENT) ORDER 1999
HOUSING RENTS AND SUBSIDIES ACT 1975
PEPPER V HART
RENT ACT 1977 S74
COUNTER INFLATION ACT 1973
"R v SoS Environment and another, ex parte Spath Holme Ltd", HL 7 December 2000. CA had accepted SH's challenge to the validity of the Rent Acts (Maximum Fair Rent) Order 1999, made under a 'reserve power' in the Landlord and Tenant Act 1985 s31. SoS appealed to HL which ruled that the CA had correctly concluded that the case was one where it was appropriate to consider the statutory predecessor. Applied the majority decision in "Pepper v Hart ", whereby reference to parliamentary materials could only be made if legislation was ambiguous, obscure, or lead to an absurdity; the material relied upon consisted primarily of statements by a minister or promoter of the bill; and the effect of such statements was clear, was applied. These conditions were unsatisfied. Appeal allowed.
FAIR RENTS
LANDLORD AND TENANT ACT 1985 S31
R V SOS ENVIRONMENT AND ANOTHER EX P SPATH HOLME LTD
CURTIS AND OTHERS V LONDON RENT ASSESSMENT COMMITTEE AND OTHERS
RENT ACTS (MAXIMUM FAIR RENT) ORDER 1999
HOUSING RENTS AND SUBSIDIES ACT 1975
PEPPER V HART
RENT ACT 1977 S74
COUNTER INFLATION ACT 1973