Beacon Cymru Group Ltd & Anor v Mitchell & Anor [2025] EWHC 2477 (Ch) (02 October 2025)

Beacon Cymru Group Ltd & Anor v Mitchell & Anor [2025] EWHC 2477 (Ch) (02 October 2025)

The counterclaims failed because the defendants' mistake of law was not causative of their payment of rent; even if they had known their rights, they would have paid rent. Further, it is not unjust for landlords to retain rent paid in these circumstances, and restitution is not available where the contract subsists and no loss is suffered. The statutory scheme does not provide for repayment or set-off in these circumstances.

Citation
[2025] EWHC 2477 (Ch)
Parties
Claimant / Part 20 Defendant: Beacon Cymru Group Limited; Claimant / Part 20 Defendant: Tai Calon Community Housing Limited; Claimant / Part 20 Defendant: Bron Afon Community Housing Limited; Defendant / Part 20 Claimant: Mrs Dawn Mitchell; Defendant / Part 20 Claimant: Ms Helen Louise Jones; Defendant / Part 20 Claimant: Mr William John Wadley; Intervener: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
02 October 2025
Procedural Posture
Civil (housing / Restitution) / Judgment on Counterclaims After Prior Liability Judgment
Outcome
Counterclaims dismissed
Legal Topics
Unjust Enrichment, Mistake of Law, Rent Repayment, Statutory Interpretation, Set Off, Fitness for Human Habitation, Article 1 Protocol 1 ECHR
Housing Law Restitution Contract Law Human Rights Unjust Enrichment Mistake of Law Rent Repayment Statutory Interpretation +3 more

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Parties

Beacon Cymru Group Limited

Claimant / Part 20 Defendant

Tai Calon Community Housing Limited

Claimant / Part 20 Defendant

Bron Afon Community Housing Limited

Claimant / Part 20 Defendant

Mrs Dawn Mitchell

Defendant / Part 20 Claimant

Ms Helen Louise Jones

Defendant / Part 20 Claimant

Mr William John Wadley

Defendant / Part 20 Claimant

The Welsh Ministers

Intervener

Procedural Posture

Civil (housing / Restitution) / Judgment on Counterclaims After Prior Liability Judgment

Legal Issues

  1. 1 Whether rent paid by contract-holders when not required due to landlord's failure to provide ECR is recoverable by counterclaim for unjust enrichment
  2. 2 Whether mistake of law was causative of payment
  3. 3 Whether unjust enrichment claim is available where contract subsists and no loss is suffered

Ratio Decidendi

The counterclaims failed because the defendants' mistake of law was not causative of their payment of rent; even if they had known their rights, they would have paid rent. Further, it is not unjust for landlords to retain rent paid in these circumstances, and restitution is not available where the contract subsists and no loss is suffered. The statutory scheme does not provide for repayment or set-off in these circumstances.

Court Disposition

Counterclaims dismissed

Orders

  • All counterclaims for repayment of rent dismissed
  • No order for repayment or set-off of rent