Susan Coombs v Michelle Hayes & Anor

Susan Coombs v Michelle Hayes & Anor

The applicant failed to establish, on the balance of probabilities, that disrepair causative of the losses complained about existed and was attributable to the respondents' breach of lease obligations. The judge's findings of fact were not plainly wrong, procedural irregularities did not render the trial unjust, and the applicant did not discharge the burden of proof regarding loss of profit.

Parties
Applicant/claimant: Susan Coombs; First Respondent/defendant: Michelle Hayes; Second Respondent/defendant: Andrew Hayes
Jurisdiction
England and Wales
Judgment Date
21 July 2025
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Repairing Obligations, Quiet Enjoyment, Rent Arrears, Procedural Fairness, Expert Evidence, Loss of Profit, Disclosure Obligations
Landlord and Tenant Contract Law Civil Procedure Repairing Obligations Quiet Enjoyment Rent Arrears Procedural Fairness Expert Evidence +2 more

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Parties

Susan Coombs

Applicant/claimant

Michelle Hayes

First Respondent/defendant

Andrew Hayes

Second Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge misapplied legal principles regarding repairing obligations under the lease
  2. 2 Whether procedural irregularities rendered the trial unfair
  3. 3 Whether the judge erred in findings of fact regarding rent arrears and causation

Ratio Decidendi

The applicant failed to establish, on the balance of probabilities, that disrepair causative of the losses complained about existed and was attributable to the respondents' breach of lease obligations. The judge's findings of fact were not plainly wrong, procedural irregularities did not render the trial unjust, and the applicant did not discharge the burden of proof regarding loss of profit.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Renewed application for permission to appeal is dismissed