Fernandes v Pavardin

[efpom]

Can anyone supply a copy of the judgment in Fernandes v Pavardin - a court of appeal decision that subsequently was appealed to the House of Lords the issue was whether a verbal notice under ground 1 of Sch 2 of Housing Act 1988 was valid.

[R0b]

Are you sure permission to appeal to the HoL was granted? There doesn't seem to be any record of this going beyond the CoA and the judgment is only 2 pages.

[dslippy]

I have no trace of it getting to the House of Lords.
The reference in the CA is [1982] 5 HLR 33
It is remembered principally for a dissenting judgment by Stephenson LJ.

[efpom]

Sorry - my mistake - I translated the citation HLR as Hol! If anyone has the Court of Appeal judgment, could I ask that they post it up or provide a link to it.

[dslippy]

Fernandes v Pavardin: CA 1982

The tenancy was granted as a protected tenancy under the 1977 Act. Before the grant L mentioned, but not in writing, that she might need the flat in the future for a member of her family. She now sought possession for a tenancy for her son. At first instance, the court found in her favour but declined to order possession under Case 9. Under Case 11 van order was granted on just and equitable grounds despite the defect of the notice not being in writing.
Held: T’s appeal failed. It was impossible to say that the judge had been wrong on his assessment of the justice of the case. There had been no misunderstanding and no inequity arose from his failure. The written notice was dispensed with. The court warned against taking the judgment as a precedent as to interpretation of Clause 11.
Stephenson LJ (dissenting) said that a failure to give the prescribed notice might be forgiven in circumstances wider than just where there was an absence of injustice and of inequity. Judges:

Stephenson LJ Citations:

[1982] 5 HLR 33, (1982) 264 EG 49 Statutes:

Rent Act 1977 Jurisdiction:

England and Wales Cited by:

Minority preferred – Bradshaw v Baldwin-Wiseman 1985
When a landlord seeking possession of property subject to a statutory tenancy had failed to give the required written notice, the court could look to all the circumstances to decide whether that failure was to be forgiven and possession ordered. . .
Lists of cited by and citing cases may be incomplete.