Metropolitan Housing Trust v Cifci

Metropolitan Housing Trust v Cifci

The court has jurisdiction to grant an injunction with terms authorising entry by force if necessary for gas safety inspection, as the lock and door belong to the landlord and no criminal or civil wrong is authorised by the order.

Parties
Claimant: Metropolitan Housing Trust; Defendant: Besima Cifci
Jurisdiction
England and Wales
Judgment Date
16 October 2024
Procedural Posture
Injunction Application (gas Safety) / First Hearing, Judgment
Outcome
Injunction granted as sought, with modification to the wording regarding replacement of the lock and provision of keys.
Legal Topics
Gas Safety Inspection, Access to Property, Injunctions, Landlord's Statutory Duties
Landlord and Tenant Property Law Civil Procedure Gas Safety Inspection Access to Property Injunctions Landlord's Statutory Duties

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Parties

Metropolitan Housing Trust

Claimant

Besima Cifci

Defendant

Procedural Posture

Injunction Application (gas Safety) / First Hearing, Judgment

Legal Issues

  1. 1 Whether the claimant landlord is entitled to an injunction to access the property for a gas safety inspection
  2. 2 Whether the court can authorise entry by force (drilling the lock) if access is refused
  3. 3 Whether such an order would authorise criminal damage

Ratio Decidendi

The court has jurisdiction to grant an injunction with terms authorising entry by force if necessary for gas safety inspection, as the lock and door belong to the landlord and no criminal or civil wrong is authorised by the order.

Court Disposition

Injunction granted as sought, with modification to the wording regarding replacement of the lock and provision of keys.

Orders

  • The defendant must allow the claimant access for gas safety inspection on not less than 7 days written notice.
  • If access is refused, the claimant may enter by drilling the lock if necessary, provided a replacement lock is installed immediately and keys are provided to the defendant as soon as reasonably practicable.