SWANBRAE LIMITED v MISS JANET M RYDER
Decision date: 24 February 2015
Neutral citation: [2015] UKUT 69 (LC)
Overall AI summary confidence: high
Short overview
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AI confidence in this short overview: high
Swanbrae sought to increase rent for Miss Ryder at 81 Mayville Road; the FTT struck out its 2013 rent‑increase referral, treating the 1994 agreement as a regulated tenancy under the Rent Act 1977 and holding it lacked jurisdiction. The Upper Tribunal allowed Swanbrae’s appeal, holding the FTT was wrong to assume the tenancy was regulated on the material before it; on fuller evidence the 1994 agreement is an assured tenancy under the Housing Act 1988 and the matter is remitted to the FTT to determine rent under s.14 HA 1988.
Ratio decidendi
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AI confidence in this ratio decidendi summary: high
Where a tenancy is granted after the commencement of the Housing Act 1988 it should be treated as an assured tenancy unless evidence establishes it falls within the limited exceptions in s.34(1) making it a protected/regulate tenancy; s.45(1) Rent Act 1977, which concerns recoverable rent during a statutory period, does not itself determine tenancy status. Section 34(1)(b) can render a post‑1988 grant a protected tenancy only if immediately before the grant the same parties were in a protected/statutory landlord–tenant relationship.
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 may consider its own jurisdiction of its own motion. Agreements or consent orders cannot override statutory protections under the Rent Act 1977, and s.45(1) relates to recoverable rent rather than converting a post‑1988 agreement into a regulated tenancy.