000			02229cam a2200241 4500
001			ABS66539
008			030403n2003 000 0 eng u
035			_a(Sirsi) u121889
245			_aR v London Rent Assessment Committee ex p Lester
260			_c2003
490			_aWeekly Law Reports _v[2003] 1 WLR 1449-1460(13)
520			_a[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			_aABS
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
650			_aRENT ASSESSMENT COMMITTEE
650			_aNASH V RYAN PLANT INTERNATIONAL LTD
650			_aJACKSON V HALL
650			_aHOUSING ACT 1988 S13(4)
650			_aHOUSING ACT 1988 S13(2)
650			_aR V LONDON RENT ASSESSMENT COMMITTEE EX P LESTER
690			_aLANDLORD AND TENANT-RENT REVIEWS-CASE LAW
942			_n0
999			_c72441 _d72441