Landlord's possession claim not defeated by counterclaim in damages
With the threat of a possession order looming, tenants will try any number of things in an attempt to prevent an order being granted. The Court of Appeal has, however, confirmed in the case of Chowdhury v Woodman that an alleged breach of a landlord’s covenants will not defeat a claim for possession, even though it may well give rise to a counterclaim in damages.
The landlord let a property to Mr and Mrs Chowdhury in 2009 under an assured shorthold tenancy. In July 2011, after the tenancy had expired and not been renewed, the landlord served notice requiring possession under section 21 of the Housing Act 1988.
In order to grant possession, the court must be satisfied that:
- the tenancy had come to an end
- notice under section 21 had been given…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Section 106 Agreements between developers and local planning authorities outlining obligations in relation to new developments are currently subject to statutory time limits at the negotiation stage.
Certain judicial review reforms reforms – that attracted fierce debate in Parliament and within the legal profession – have now received the Royal Assent. They will be significant to many and a concern to some.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.