GRAHAM FRANCIS BACON v MOUNTVIEW ESTATES PLC
Decision date: 28 October 2015
Neutral citation: [2015] UKUT 588 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether a 1993 tenancy fell within the Rent Act 1977 so that the First‑Tier Tribunal (FTT) lacked jurisdiction under the Housing Act 1988. The Upper Tribunal found the tenant had been a continuous protected/statutory tenant of the same landlord since 1983 and therefore the 1993 grant was a regulated tenancy under s.34(1)(b) Rent Act 1977; the FTT had erred in law and its decision fixing rent at £210/week was set aside.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
Where a person is immediately before a new grant a protected/statutory tenant of the same landlord, s.34(1)(b) of the Rent Act 1977 brings the new grant within the Rent Act, so a tribunal proceeding under the Housing Act 1988 (s.13) lacks jurisdiction; a tribunal’s decision can be vitiated if it proceeds under the wrong statutory regime because the true legal status of the tenancy removes the alternative statute’s jurisdiction.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal noted that two different factual characterisations of the occupation (separate bedroom tenancy versus joint tenancy) would not affect the s.34(1)(b) outcome, and that contemporary documents such as a rent book can be probative of the parties’ understanding of tenancy status; it was also observed that parties cannot contract into Rent Act protection (not determinative).