Youssefi v Mussellwhite
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE VOS
Areas of Law
- Property and Real Estate Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
This appeal arises from a judgment terminating Ms. Zoe Youssefi’s lease without granting a new tenancy under the Landlord and Tenant Act 1954. The trial judge found substantial breaches related to disrepair, persistent rent delay, and failure to use the premises as per the lease. While the appeal succeeded on the ground related to repair (Ground A), it was dismissed on other grounds, including access breach and the failure to use the property for its stipulated purpose. The judge concluded that a new tenancy should not be granted due to these breaches.
Judgment
Lady Justice Gloster :
Introduction
This is an appeal from the judgment of Mr Recorder Norman, sitting in the Winchester County Court, dated 28 August 2012 ("the judgment") whereby he ordered that the defendant's lease ("the lease") of 6 Romsey Road, Winchester ("the property") dated 5 May 1994 was terminated in accordance with section 64 of the Landlord and Tenant Act 1954 ("the 1954 Act") without the grant of a new tenancy. The judge ordered the defendant to pay 75% of the claimant's costs and to pay the sum of £35,000 on account of these costs by 20 November 2012.
The claimant in the action, and the respondent on this appeal, is Mrs Joan Mussellwhite ("the respondent"). She is the current lessor of the property, the original lessor having been her late husband, Mr Alan Mussellwhite. The defendant in the action, and the appellant on this appeal, is Ms Zoe Youssefi ("the appellant"). The property is described in the lease as a "dwelling house shop and premises". The premises included a rear garden or yard. The term of the lease was 15 years from 1 April 1994. It was common ground between the parties that, when the term expired on 31 March 2009, the lease continued pursuant to the provisions of Part II of the 1954 Act. Although there appears to have been some dispute as to whether any trading activity was in fact carried out at the property, the respondent did not dispute that the property as at the date of the trial was occupied for the purposes of a business carried on by the appellant and therefore was within the protection of the 1954 Act. The issue which the judge had to decide was whether the respondent, as landlord, had established to the satisfaction of the court any of the grounds set out in her notice served pursuant to section 26(6) of the 1954 Act, thereby entitling the judge to make an order for the termination of the tenancy without the grant of the new tenancy under section 29(4) of the 1954 Act. The issue on this appeal is whether, in certain particular respects, the judge was right to conclude that the respondent had established the requisite grounds to obtain an order under section 29(4).
Procedural history
On 31 March 2009 the appellant served a notice on the respondent under section 26 of the 1954 Act requesting a new tenancy which was to commence on 26 January 2010. By that notice she sought a new 15 year term on substantially the same terms as the existing lease at a rent of £5,000 per annum. On 13 May 2009 the responde