London District Properties Management Ltd and others v Goolamy and another [electronic resource]
Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] EWHC 1367 (Admin), 16 June 2009. The case relates to rent increase procedure under a statutory periodic tenancy. Mr and Mrs Goolamy (G) had a tenancy agreement which included a rent review clause allowing an annual increase of the rent by 5%. The landlords, London District Properties Management Ltd (L), decided to increase the rent to a much higher level under the Housing Act 1988 S13. The Rent Assessment Committee decided that they had no authority to review the rent as the clause in the tenancy agreement continued under the Housing Act 1988 S5. L appealed to the High Court. "Held": Appeal allowed. S13 mentions two different types of periodic tenancies: statutory periodic tenancies and all other periodic tenancies. S13 should apply with statutory periodic tenancies. The contractual rent increase procedure should apply with the other periodic tenancies. This case dealt with a statutory periodic tenancy, therefore L could take benefit of the Housing Act 1988 S13.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE JUDGMENT (Browse shelf(Opens below)) | 1 | Available | 147932-2001 |
[2009] EWHC 1367 (Admin), 16 June 2009. The case relates to rent increase procedure under a statutory periodic tenancy. Mr and Mrs Goolamy (G) had a tenancy agreement which included a rent review clause allowing an annual increase of the rent by 5%. The landlords, London District Properties Management Ltd (L), decided to increase the rent to a much higher level under the Housing Act 1988 S13. The Rent Assessment Committee decided that they had no authority to review the rent as the clause in the tenancy agreement continued under the Housing Act 1988 S5. L appealed to the High Court. "Held": Appeal allowed. S13 mentions two different types of periodic tenancies: statutory periodic tenancies and all other periodic tenancies. S13 should apply with statutory periodic tenancies. The contractual rent increase procedure should apply with the other periodic tenancies. This case dealt with a statutory periodic tenancy, therefore L could take benefit of the Housing Act 1988 S13.