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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Sumeghova v McMahon  EWCA Civ 1581 (24 October 2002)
Cite as:  EWCA Civ 1581,  RVR 8
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CENTRAL LONDON COUNTY COURT
(Mr Recorder Hurst)
Thursday 24 October 2002
B e f o r e :
LORD JUSTICE LONGMORE
Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
(Official Shorthand Writers to the Court)
Miss A Deschampsneufs (instructed by Messrs Peter Horada & Co, London NW2) appeared on behalf of the Respondent Claimant.
Crown Copyright ©
"A tenancy or licence is excluded if -
(a)under its terms the occupier shares any accommodation with the landlord or licensor; and
(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part."
(1) Mr McMahon granted a tenancy of a room and common facilities to Miss Sumeghova at No 70 Warren Road in April 1998;
(2) on 28 August 1998 Mr McMahon informed Miss Sumeghova that he needed the room as from 9 September 1998 and that that constituted notice to quit;
(3) Miss Sumeghova continued to reside in the premises after 9 September 1998;
(4) on 18 September 1998 Mr McMahon evicted Miss Sumeghova by putting all her belongings on the pavement and refusing to let her come back in;
(5) No 72 Warren Road (next door to No 70), where Mr McMahon lived with his wife until their divorce in 1987, had been divided into two flats, probably in the course of 1998, the upper flat for his ex-wife and the other ground floor flat for his then unmarried son and daughter.
(6) both in April and September 1998 Mr McMahon used two rooms at No 70, one as a bedroom and the other as a sitting room;
(7) he spent much of his time at No 72, where his son and daughter lived until their respective marriages, the son getting married in June 1998 and departing and his daughter getting married in October 1998 and then departing;
(8) Mr McMahon's use of the rooms in No 70 was a "temporary arrangement" until his children at No 72 got married and left.
Order:appeal allowed and para 2(ii) and (iii) of order below set aside; appellant to continue to pay off outstanding damages (agreed at £530 inclusive of interest) at £20 a week; order for costs below set aside; no order for costs here, save detailed public funded assessment.