Claim to possession of cottage let rent free — Judgment for owners
This was an uncontested appeal by Messrs HS Pledge & Sons, Ltd, of Victoria Mill House, Ashford, Kent, from a judgment by Judge Clements at Ashford County Court given against their claim to possession of a cottage, The Bungalow, Victoria Road, Ashford, occupied by Mrs Harriet P Barrett. The ground of the appeal was that the Judge was wrong in holding that Mrs Barrett was protected by the Rent Restriction Acts.
Mr LS Fletcher (instructed by Messrs Field, Roscoe & Co, agents for Messrs Hallett & Co, of Ashford), for Messrs Pledge & Sons, said it was a simple case of a claim for possession of a cottage for which no rent was paid. Therefore the tenancy was not protected by the Rents Acts, but the Judge held that it was covered by the decision in the case of Brown v Draper. That case dealt with the position of a statutory tenant, and the Judge treated it as applying to a contractual tenant. The cottage was let in 1903 to Mr Thomas Barrett, husband of the defendant. He was an employee of the firm and paid only 5s a week until 1936, when he retired on pension, and was allowed to continue in the cottage rent free. When he died, his widow was allowed to occupy the cottage on the same terms until 1947, when she was given notice to quit.
Lord Justice Tucker, giving judgment allowing the appeal, said the firm continued their benevolence for a considerable time, but it was evident that when rent ceased to be paid, Mr Barrett became a tenant-at-will, with no protection by the Rent Acts. Therefore the owners were entitled to possession.
Lords Justices Somervell and Cohen concurred.
