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The Court of Appeal dismissed an appeal against a High Court decision refusing to adjourn proceedings for possession of a property, in which the second defendant claimed to be a tenant. The High Court had concluded, and the Court of Appeal agreed, that only the High Court—and not the Residential Tenancies Board (RTB)—had jurisdiction to determine whether a valid tenancy existed. The defendant sought an adjournment to allow the RTB to determine the terms of an alleged tenancy, but both courts held that the RTB cannot adjudicate upon the existence of a tenancy as a threshold issue. The appeal was described as lacking merit, with the Court of Appeal affirming that there was no legal or factual basis to stay the proceedings pending an RTB determination, and ordering costs against the appellant.
adjournment application – stay of proceedings – possession of property – claim of tenancy – jurisdiction – Residential Tenancies Board – special summons – secured debt – receiver – costs – appeal dismissed – High Court jurisdiction – Residential Tenancies Act 2004 – existence of tenancy
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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