London Borough of Barking And Dagenham v Gbadegesin & Anor [2023] EWHC 2371 (KB) (26 September 2023)

London Borough of Barking And Dagenham v Gbadegesin & Anor [2023] EWHC 2371 (KB) (26 September 2023)

The Defendants' persistent and deliberate non-compliance with Improvement Notices, despite criminal convictions and penalties, constitutes a flagrant breach of the law causing ongoing hazards to tenants. Criminal proceedings have proved ineffective. Injunctive relief is both just and convenient, necessary to protect inhabitants, and nothing short of an injunction will secure compliance.

Citation
[2023] EWHC 2371 (KB)
Parties
Claimant: London Borough of Barking and Dagenham; First Defendant: Kehinde Wilson Gbadegesin; Second Defendant: Phil Davies Estate Agents Limited
Jurisdiction
England and Wales
Judgment Date
26 September 2023
Procedural Posture
Part 8 Claim for Injunctive Relief / Final Judgment
Outcome
Claim allowed. Mandatory injunction granted.
Legal Topics
Improvement Notices, Mandatory Injunction, Enforcement of Housing Standards, Local Authority Powers, Hearsay Evidence, Costs Orders
Housing Law Local Government Law Civil Procedure Improvement Notices Mandatory Injunction Enforcement of Housing Standards Local Authority Powers Hearsay Evidence +1 more

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Parties

London Borough of Barking and Dagenham

Claimant

Kehinde Wilson Gbadegesin

First Defendant

Phil Davies Estate Agents Limited

Second Defendant

Procedural Posture

Part 8 Claim for Injunctive Relief / Final Judgment

Legal Issues

  1. 1 Whether mandatory injunctive relief should be granted to enforce compliance with Improvement Notices under the Housing Act 2004
  2. 2 Whether the court should proceed in the absence of the Defendants
  3. 3 Whether the Claimant may amend the claim form

Ratio Decidendi

The Defendants' persistent and deliberate non-compliance with Improvement Notices, despite criminal convictions and penalties, constitutes a flagrant breach of the law causing ongoing hazards to tenants. Criminal proceedings have proved ineffective. Injunctive relief is both just and convenient, necessary to protect inhabitants, and nothing short of an injunction will secure compliance.

Court Disposition

Claim allowed. Mandatory injunction granted.

Orders

  • Final mandatory injunction issued requiring Defendants to comply with Improvement Notices and complete remedial works.
  • Defendants ordered to pay Claimant's costs of £4,005.56 on the standard basis.