The tenant had a Rent Act tenancy. The landlord failed to repair the premises, and he was unable to occupy them. The present appellant landlord took an assignment of the freehold, and sought possession for arrears of rent. The first proceedings were compromised with the tenant retaining the tenancy, and the landlord agreeing to carry out repairs. Works were done, and the landlord applied for a refixing of the rent. The defendant said the repairs had not been carried out satisfactorily, and refused still to pay rent. The judge found that the repairs had been completed, and that the tenant still had a statutory tenancy. The landlord said that the failure to occupy the property since that time now allowed that assertion.
Held: The landlord’s appeal was dismissed. The earlier case had been settled on terms which presumed the continuation of the tenancy. The landlord had also applied for a rent increase on the same basis. That created an estoppel to prevent the landlord now to deny it. It was clear that the tenant had not abandoned his intention to return.
Judges:
Ward LJ, Smith LJ, Cresswell J
Citations:
[2006] EWCA Civ 767, Times 28-Jun-2006
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Mills v Cooper QBD 1967
Two sets of criminal proceedings were brought against the defendant for offences under section 127 of the Highways Act 1959 namely that of being a gypsy and, without lawful excuse, camping on a highway. The first proceedings were brought in respect . .
Cited – J Wright and H Wright v Newcastle Ltd and others CA 25-May-2002
Where proceedings were compromised, one could not say that the issues settled were res judicata but nonetheless it would be an abuse of process to allow the same issues to be relitigated later. If in later proceedings a party raised an issue which . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Litigation Practice
Updated: 07 September 2022; Ref: scu.242518
