R v SoS Environment and another ex p Spath Holme Ltd
R v SoS Environment and another ex p Spath Holme Ltd
- 2001
- Weekly Law Reports [2001] 2 WLR 15-55(41) .
HL 7 December 2000. The CA granted an application from SH, freehold owners of flats let on regulated tenancies, to for judicial review and quashed the Rent Acts (Maximum Fair Rent) Order 1999, by which the SoS sought to apply a maximum limit to fair rent increases which could be registered under the Rent Act 1977, on the grounds that it was made ultra vires and was therefore invalid. On appeal from SoS the HL ruled that it was only permissible to construe a consolidating provision by the enactments it replaced where the language or purpose of that provision was unclear and that as this was not the case reference to the Housing Rent and Subsidies Act 1975 s11 was not appropriate. It was also ruled that the Landlord and Tenant Act 1985 s31 conferred a reserve discretionary power if the SoS and that consequently the Order had been made lawfully. "Held": Appeal allowed. View judgment at www.parliament.the-stationery-office.co.uk.
FAIR RENTS
HOUSING RENT AND SUBSIDIES ACT 1975 S11
LANDLORD AND TENANT ACT 1985 S31
PEPPER V HART
R V SOS ENVIRONMENT AND ANOTHER EX P SPATH HOLME LTD
RENT ACT 1977
RENT ACTS (MAXIMUM FAIR RENT) ORDER 1999
ULTRA VIRES
HL 7 December 2000. The CA granted an application from SH, freehold owners of flats let on regulated tenancies, to for judicial review and quashed the Rent Acts (Maximum Fair Rent) Order 1999, by which the SoS sought to apply a maximum limit to fair rent increases which could be registered under the Rent Act 1977, on the grounds that it was made ultra vires and was therefore invalid. On appeal from SoS the HL ruled that it was only permissible to construe a consolidating provision by the enactments it replaced where the language or purpose of that provision was unclear and that as this was not the case reference to the Housing Rent and Subsidies Act 1975 s11 was not appropriate. It was also ruled that the Landlord and Tenant Act 1985 s31 conferred a reserve discretionary power if the SoS and that consequently the Order had been made lawfully. "Held": Appeal allowed. View judgment at www.parliament.the-stationery-office.co.uk.
FAIR RENTS
HOUSING RENT AND SUBSIDIES ACT 1975 S11
LANDLORD AND TENANT ACT 1985 S31
PEPPER V HART
R V SOS ENVIRONMENT AND ANOTHER EX P SPATH HOLME LTD
RENT ACT 1977
RENT ACTS (MAXIMUM FAIR RENT) ORDER 1999
ULTRA VIRES