The defendant landlord sought to appeal against an order that he pay to the respondent tenants a penalty under the 2004 Act of three times the tenancy deposit. The court was now asked whether there was has any right to have set aside a judgment reached on the merits, but in his absence.
Held: Such situations are always fact senstitive, but here: ‘the respondents, who were flat-sharing, paid a very substantial amount by way of rent deposit in respect of a property which they occupied for only some five months, and they have still not received any repayment of that money. By the time the claim was adjudicated . . the respondents had already waited some 14 months for the recovery of what to them was no doubt a substantial amount.’ It was quite impossible to say that the judge had erred.
Hallett, Etherton LJJ, Dame Janet Smith
[2012] EWCA Civ 1962
Bailii
Housing Act 2004 214(4), Civil Procedure Rules 27.11(3)(a)
England and Wales
Citing:
Cited – Shocked and Another v Goldschmidt and Another CA 4-Nov-1994
A party’s failure to appear at the trial implied that he had made certain choices which he was not to be allowed to go back on when seeking to set aside any judgment made. . .
Cited – Brazil v Brazil CA 31-Jul-2002
The defendant appealed against an order for rectification of the registered title to land he occupied, and for which he had had a possessory title. The order had been made in his absence.
Held: A ‘good reason’ for non attendance at a hearing . .
Cited – Estate Acquisition and Development Ltd v Wiltshire and Another CA 4-May-2006
The defendants appealed a decision that they had no sufficient reason for not attending court on the day of the trial.
Held: The fact that the defendants had a continuing commercial relationship with the claimants was not enough to justify an . .
Cited – Bank of Scotland v Pereira and Others CA 9-Mar-2011
The mortgagor sought to appeal against a mortgagee’s possession order. The Court of Appeal considered the interaction between an application under CPR rule 39.3 to set aside a default judgment and an application for permission to appeal under CPR Pt . .
Cited – Gladehurst Properties Ltd v Hashemi and Another CA 19-May-2011
Gladehurst had let the property to the two tenants under an assured shorthold tenancy. They paid a deposit, which it retained and never paid into the deposit scheme. The tenancy came to an end when the tenants vacated the property, after which . .
Lists of cited by and citing cases may be incomplete.
Housing, Civil Procedure Rules
Updated: 17 November 2021; Ref: scu.513715
