Ruby Triangle Properties Ltd v Jesus Sanctuary Ministries Ltd [2020] EWHC 2247 (Ch) (17 August 2020)

Ruby Triangle Properties Ltd v Jesus Sanctuary Ministries Ltd [2020] EWHC 2247 (Ch) (17 August 2020)

JSM had a tenancy protected by Part II of the Landlord and Tenant Act 1954; RTP unlawfully evicted JSM without a court order; conversion claim for monies allegedly taken was not established on the balance of probabilities; JSM entitled to special, general, and exemplary damages for unlawful eviction; JSM liable for rent arrears from 25 March 2019 to 6 November 2019, subject to set-off.

Citation
[2020] EWHC 2247 (Ch)
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
Property Trusts and Probate / Post Trial Judgment
Outcome
Claim for conversion dismissed; declaration of tenancy granted; damages awarded for unlawful eviction; exemplary damages awarded; JSM liable for rent arrears subject to set-off; JSM to continue paying rent while in occupation.
Legal Topics
Unlawful Eviction, Tenancy Status, Damages, Conversion, Exemplary Damages, Aggravated Damages, Rent Arrears, Set Off
Property Law Landlord and Tenant Civil Procedure Unlawful Eviction Tenancy Status Damages Conversion Exemplary Damages +3 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

Property Trusts and Probate / Post Trial Judgment

Legal Issues

  1. 1 Whether JSM had a tenancy protected by Part II of the Landlord and Tenant Act 1954
  2. 2 Whether RTP's agents unlawfully evicted JSM
  3. 3 Whether monies were unlawfully converted by RTP's agents

Ratio Decidendi

JSM had a tenancy protected by Part II of the Landlord and Tenant Act 1954; RTP unlawfully evicted JSM without a court order; conversion claim for monies allegedly taken was not established on the balance of probabilities; JSM entitled to special, general, and exemplary damages for unlawful eviction; JSM liable for rent arrears from 25 March 2019 to 6 November 2019, subject to set-off.

Court Disposition

Claim for conversion dismissed; declaration of tenancy granted; damages awarded for unlawful eviction; exemplary damages awarded; JSM liable for rent arrears subject to set-off; JSM to continue paying rent while in occupation.

Orders

  • JSM declared tenant protected by Part II of the Landlord and Tenant Act 1954
  • JSM to remain in possession until tenancy determined under Part II