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

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

There was no proper legal or factual basis for holding Mr Brem liable for Ms Murray's eviction, either for breach of covenant for quiet enjoyment or in tort, as he did not effect or cause the eviction and the facts did not support such liability. The judge's findings did not establish a legal obligation breached by Mr Brem, and damages and costs could not be awarded against him on the facts found.

Citation
[2022] EWHC 1479 (QB)
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, Contractual Liability, Costs
Landlord and Tenant Housing Law Civil Procedure Unlawful Eviction Covenant for Quiet Enjoyment Damages Statutory Torts Contractual Liability +1 more

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

Ratio Decidendi

There was no proper legal or factual basis for holding Mr Brem liable for Ms Murray's eviction, either for breach of covenant for quiet enjoyment or in tort, as he did not effect or cause the eviction and the facts did not support such liability. The judge's findings did not establish a legal obligation breached by Mr Brem, and damages and costs could not be awarded against him on the facts found.

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