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.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
DECC has released its report summarising the responses received and action to be taken regarding underground access for gas, oil and geothermal developers.
Intellectual property disputes involving retailers and fashion are all too common; another one to have troubled the courts in recent months is Thomas Pink v Victoria’s Secret UK.
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.