Hawes v Evenden
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE SOMERVELL,LORD JUSTICE HODSON |
| Judgment Date | 22 July 1953 |
| Judgment citation (vLex) | [1953] EWCA Civ J0722-1 |
| Court | Court of Appeal |
| Date | 22 July 1953 |
[1953] EWCA Civ J0722-1
In The Supreme Court of Judicature
Court of Appeal
Lord Justice Somervell
Lord Justice Jekins and
Lord Justice Hodson
MR. ROGER WILLIS (instructed by Messrs. Clarke, Lewthwaite & Company) appeared on behalf of the Appellant (Plaintiff).
MISS NORWOOD (instructed by Mr. Peter Kingshill) appeared on behalf of the Respondent (Defendant).
This is an appeal from a decision of His Honour Judge Done in a case in which possession was claimed of a house in Islington. The learned County court Judge refused an Order for possession holding that the Defendant, Miss Evenden, was entitled to the protection of section 12(i) (g) of the Increase of Rent and Mortgage Restriction Act 1920 which provides that, "The expression'tenant' Includes the widow of a tenant … who was residing with him at the time of his death or, where a tenant …… leaves no widow or is a woman, such member of the tenant's family so residing as aforesaid as may be decided in default of agreement by the County Court". The tenant here was a Mr. Randall. He died. For some 12 or 13 years before his death the Defendant, Miss Evenden, had lived with him as his mistress. Two children had been born. One was adopted by other parents and the youngest, who is about 8, was living in the house in question with her father and mother at the time of her father's death and was still living with the mother at the time of these proceedings. She was not before the Court. The only question before the Court was whether the mother had the right to stay on under the words of the section.
In ( Gairmans v. Ekins 1950 2 King's Bench, page 328) a man and a woman had been living together for some years in a house. They were not married and the man had taken the woman's name. They were regarded in the neighbourhood as man and wife. The woman who was the tenant died and the man claimed the protection of the section which I have read. It was held that he could not be held to be a member of the deceased tenant's family but the question is referred to and left open as to whether the result would or might have been different if there had been children. We are here dealing with a case where there were children and where the claim is put forward by the woman, the mother of the children. It has been held in the past, as was pointed out by Lord Justice Asquith (as he then was) in the case to which I have referred,...
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Smith (Colin) Music Ltd v Ridge
...residing in the house with the protected tenant up to the time of his death and it was held in the case of ( Hawes v. Evenden 1953) 2 All England Reports, 737, that she was a member of the family of the protected tenant for the purpose of succeeding to the protection of the Act after his de......
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Fitzpatrick v Sterling Housing Association Ltd
...wife, was a member of his family for the purpose of Schedule 1 to the Act of 1977 because of the lasting relationship between them. In Hawes v. Evenden [1953] 1 W.L.R. 1169, the claimant was an unmarried woman who had lived with the deceased tenant for 12 years and had had two children wit......
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Watson v Lucas
...1949 in Brock v. Wollams [1949] 2 KB 388 in which the expression "family" was held to include an informally adopted child and in 1953 in Hawes v. Evenden [1953] WLR 1169, a unanimous Court of Appeal held that an unmarried lady who had lived with the tenant for 12 years prior to his death an......
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Dyson Holdings Ltd v Fox
...to complicate the picture) that they were members of the same family, seems to be an abuse of the English language." 10The other case is Hawes v. Evenden (1953) 1 W. L. R. 1169. A dwelling-house was let to a Mr. Randall. He lived there with a Miss Evenden. For 12 years they occupied the sa......