Brem v Murray & Anor [2022] EWHC 1479 (QB) (15 June 2022)

There was no proper legal basis, on the facts found, for holding Mr Brem liable for Ms Murray's eviction or for awarding damages and costs against him. The implied covenant for quiet enjoyment does not impose liability for third-party acts not committed by or on behalf of the landlord, and no tortious or statutory liability was established against Mr Brem.

Citation: [2022] EWHC 1479
Parties: Appellant/second Defendant: Mr Benjamin Brem; First Respondent/claimant: Ms Oneka Murray; Second Respondent/first Defendant: Mr Steven Marchant
Jurisdiction: England and Wales
Judgment Date: 15 June 2022
Procedural Posture: Appeal / Judgment on Appeal From County Court Decision
Outcome: Appeal allowed
Legal Topics: Unlawful Eviction, Covenant for Quiet Enjoyment, Damages, Statutory Torts, Appeal Procedure

Landlord and Tenant Housing Law Civil Procedure Unlawful Eviction Covenant for Quiet Enjoyment Damages Statutory Torts Appeal Procedure

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Parties

Mr Benjamin Brem

Appellant/second Defendant

Ms Oneka Murray

First Respondent/claimant

Mr Steven Marchant

Second Respondent/first Defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court Decision

Legal Issues

1 Whether Mr Brem was liable for unlawful eviction of Ms Murray
2 Whether breach of covenant for quiet enjoyment was established against Mr Brem
3 Whether damages and costs were properly awarded against Mr Brem

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order making Mr Brem jointly and severally liable with Mr Marchant for special damages set aside
Order requiring Mr Brem to pay Ms Murray £1,000 general damages set aside