BREM v MURRAY & ANOR

There was no proper basis in the findings of fact or law to fix Mr Brem with liability for Ms Murray's unlawful eviction, either for breach of covenant for quiet enjoyment or in tort. The acts were solely those of Mr Marchant, and the covenant does not impose liability for failing to prevent third-party acts. The award of damages and costs against Mr Brem was therefore wrong and must be set aside.

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: Civil Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Unlawful Eviction, Covenant for Quiet Enjoyment, Damages, Liability of Landlord and Superior Landlord, Statutory Tort Under Housing Act

Landlord and Tenant Law Contract Law Tort Law Unlawful Eviction Covenant for Quiet Enjoyment Damages Liability of Landlord and Superior Landlord Statutory Tort Under Housing Act

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3

Parties

Mr Benjamin Brem

Appellant/second Defendant

Ms Oneka Murray

First Respondent/claimant

Mr Steven Marchant

Second Respondent/first Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether Mr Brem was liable for Ms Murray's unlawful eviction under breach of covenant for quiet enjoyment or statutory tort
2 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