R v London Rent Assessment Committee ex p Lester (Record no. 72441)

MARC details
000 -LEADER
fixed length control field 02229cam a2200241 4500
001 - CONTROL NUMBER
control field ABS66539
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030403n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121889
245 ## - TITLE STATEMENT
Title R v London Rent Assessment Committee ex p Lester
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2003] 1 WLR 1449-1460(13)
520 ## - SUMMARY, ETC.
Summary, etc. [2003] EWCA Civil 319, 12 March 2003. Appeal by the tenant (L) from (QBD [2003] 10 EG 168). L's landlord served her with a notice under the Housing Act 1988 s13(2) proposing a rent increase. L, using the prescribed form 5, referred the notice to the respondent London Rent Assessment Committee (LRAC). LRAC was of the view that it could not determine L's application, following s13(4) of the 1988 Act stipulating that any referral had to be made before the date upon which the proposed rent was due to take effect. L brought proceedings in which she contended that the application had been referred to LRAC on the day upon which it was sent or when it would have arrived in the ordinary course of the post. L's claim was dismissed on the basis that 'refer' in s13(4) meant 'deliver to'. L appealed, relying upon the wording of the guidance notes attached to form 5 in support of her construction of s13(4) and arguing further that the judge's interpretation infringed her right to a fair hearing under the European Convention on Human Rights Art 6. "Held" appeal dismissed. The ordinary meaning of 'refer to' connoted 'receipt by', the meaning attributed to it in the 1988 Act s13(4), not the meaning of the wording in the guidance notes. Such notes could not be used as an aid to construction of the primary legislation. Nor did construing s13(4) as 'receipt' rather than 'despatch' infringe Art 6 of the Convention and thus L's civil rights.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ASSESSMENT COMMITTEE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NASH V RYAN PLANT INTERNATIONAL LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JACKSON V HALL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1988 S13(4)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1988 S13(2)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V LONDON RENT ASSESSMENT COMMITTEE EX P LESTER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RENT REVIEWS-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journal article 03/04/2003   ABS66539 121889-1001 06/08/2019 1 06/08/2019 Law report