Ruby Triangle Properties Ltd v Jesus Sanctuary Ministries Ltd

Ruby Triangle Properties Ltd v Jesus Sanctuary Ministries Ltd

JSM was a tenant protected by Part II of the Landlord and Tenant Act 1954. The eviction by RTP without a court order was unlawful. There was insufficient evidence on the balance of probabilities that RTP or its agents converted or stole the alleged monies. JSM is entitled to special, general, and exemplary damages for unlawful eviction but not for conversion. RTP is entitled to rent arrears from 25 March 2019 to 6 November 2019, subject to set-off of damages awarded to JSM.

Parties
Claimant in PT 2019 000947; Defendant in PT 2019 001024: Ruby Triangle Properties Limited; Defendant in PT 2019 000947; Claimant in PT 2019 001024: Jesus Sanctuary Ministries Limited
Jurisdiction
England and Wales
Judgment Date
17 August 2020
Procedural Posture
Civil (property/business Tenancy) / Trial Judgment
Outcome
JSM's claim for conversion dismissed; JSM's claim for unlawful eviction succeeds; JSM awarded special, general, and exemplary damages; RTP's counterclaim for pre-assignment rent arrears dismissed; RTP entitled to post-assignment rent arrears subject to set-off.
Legal Topics
Unlawful Eviction, Business Tenancy, Conversion, Damages, Exemplary Damages, Tenancy Under Landlord and Tenant Act 1954
Landlord and Tenant Property Law Civil Procedure Unlawful Eviction Business Tenancy Conversion Damages Exemplary Damages +1 more

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Parties

Ruby Triangle Properties Limited

Claimant in PT 2019 000947; Defendant in PT 2019 001024

Jesus Sanctuary Ministries Limited

Defendant in PT 2019 000947; Claimant in PT 2019 001024

Procedural Posture

Civil (property/business Tenancy) / Trial Judgment

Legal Issues

  1. 1 Whether JSM was a tenant protected by Part II of the Landlord and Tenant Act 1954
  2. 2 Whether the eviction of JSM by RTP was unlawful
  3. 3 Whether RTP or its agents converted or stole monies from JSM during the eviction

Ratio Decidendi

JSM was a tenant protected by Part II of the Landlord and Tenant Act 1954. The eviction by RTP without a court order was unlawful. There was insufficient evidence on the balance of probabilities that RTP or its agents converted or stole the alleged monies. JSM is entitled to special, general, and exemplary damages for unlawful eviction but not for conversion. RTP is entitled to rent arrears from 25 March 2019 to 6 November 2019, subject to set-off of damages awarded to JSM.

Court Disposition

JSM's claim for conversion dismissed; JSM's claim for unlawful eviction succeeds; JSM awarded special, general, and exemplary damages; RTP's counterclaim for pre-assignment rent arrears dismissed; RTP entitled to post-assignment rent arrears subject to set-off.

Orders

  • Declaration that JSM has a tenancy protected by Part II of the Landlord and Tenant Act 1954
  • JSM entitled to remain in possession until tenancy determined in accordance with Part II