Source: All England Reporter
Publisher Citation: [2011] All ER (D) 73 (Oct)
Neutral Citation: [2011] EWHC 2542 (QB)
Court: Queen's Bench Division

Cranston J

Representation Martin Rodger QC and Joseph Ollech (instructed by Charles Russell LLP) for the claimant.
  James Goudie QC and Guy Adams (instructed by Cornwall Council) for the defendant.
Judgment Dates: 7 October 2011


Housing - Local authority - Duty to provide accommodation - Central government encouraging local authorities to lease accommodation from private landlords - Claimant landlord purchasing and leasing properties to district councils - District councils providing grants and loans to assist claimant in purchase and preparation of properties - District councils abolished and replaced by defendant local authority - Defendant ceasing to pay rent and demanding immediate repayment of grants and loans - Whether claimant entitled to unpaid rent.

The Case

Housing Local authority. The Queen's Bench Division held that in the circumstances, the restitutionary remedy which Cornwall Council had for repayment of rent moneys was defeated by the claimant's change of position.

Practice Areas

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