000			01855cam a2200265 4500
001			ABS63449
008			000000n2001 000 0 eng u
035			_a(Sirsi) u110757
245			_aR v SoS Environment and another ex p Spath Holme Ltd
260			_c2001
490			_aWeekly Law Reports _v[2001] 2 WLR 15-55(41)
520			_aHL 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.
590			_aABS
650			_aFAIR RENTS
650			_aHOUSING RENT AND SUBSIDIES ACT 1975 S11
650			_aLANDLORD AND TENANT ACT 1985 S31
650			_aPEPPER V HART
650			_aR V SOS ENVIRONMENT AND ANOTHER EX P SPATH HOLME LTD
650			_aRENT ACT 1977
650			_aRENT ACTS (MAXIMUM FAIR RENT) ORDER 1999
650			_aULTRA VIRES
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.parliament.the-stationery-office.co.uk/pa/ld199697/ldjudgmt/ldjudgmt.htm/vView judgement on the HL website...
942			_n0
999			_c66020 _d66020