Taylor v McHale

Landlord and Tenant — Claim for possession — Rent Restrictions Acts — Tenant giving up possession This was an appeal from a decision of Ashton-under-Lyne County Court Judge who refused to make an order for possession of No 34, Sidmouth Street, Audenshaw, Lancashire, in favour of the landlords, SH Taylor, E Schofield and H Chadderton, suing as trustees of the Humane Friendly Collecting Society, against the tenant, Thomas McHale and his wife, Mrs Rebecca McHale. Mr Stansfield (instructed by Messrs Sleigh and Newton, Denton) appeared for the appellants. Respondents were not represented. Lord Justice Scott, giving judgment allowing the appeal, said the appeal was by the landlords nominally against the late tenant, but in reality against the late tenant’s wife as a trespasser. On June 25, 1947, the landlords’ representative called at the house for the rent and found Mr McHale, the tenant, packing up. He said that he was going away with his furniture, and he paid the rent due, gave up the keys, and went away with his furniture. No rent has been paid since. The law was that a protected tenant could not give up his rights except by giving up complete possession or taking a judgment against himself. If a man left his wife in possession without definitely giving up possession of the premises the presumption was that she continued there on his behalf and he continued in possession. But that had no application if he said he was giving up possession. In this case the tenant did exactly what the Master of the Rolls had said in the case of Brown v Draper, in the Court of Appeal, was necessary to bring his possession to an end. He made it clear that his wife did not remain as his licensee and to prevent misconception he removed his furniture and gave up possession completely. His Lordship considered that the Judge in the County Court was wrong in the conclusion he came to and the appeal would be allowed, with costs, and there would be an order for possession against the wife as a trespasser, and payment by her of mesne profits. Lord Justice Asquith and Mr Justice Jenkins concurred.