Filpe Alexander Scalora v Clarion Housing Association

Filpe Alexander Scalora v Clarion Housing Association

The claimant gave valid written notice to terminate the tenancy, returned the keys, ceased paying rent, and removed his belongings, thereby surrendering the tenancy by notice and by operation of law. The emails relied upon by the defendant were found to be authentic and sent by the claimant. The tenancy ended on 30 March 2020, and the claim for unlawful eviction fails as the claimant was no longer a tenant after that date.

Parties
Claimant: Filipe Alexander Scalora; Defendant: Clarion Housing Association
Jurisdiction
England and Wales
Judgment Date
07 April 2024
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Assured Tenancy, Surrender of Tenancy, Unlawful Eviction, Notice to Quit, Credibility of Evidence
Landlord and Tenant Housing Law Contract Law Assured Tenancy Surrender of Tenancy Unlawful Eviction Notice to Quit Credibility of Evidence

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Parties

Filipe Alexander Scalora

Claimant

Clarion Housing Association

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant was unlawfully evicted from the property
  2. 2 Whether the claimant surrendered the tenancy by notice or by operation of law
  3. 3 Whether the emails relied upon by the defendant were authentic

Ratio Decidendi

The claimant gave valid written notice to terminate the tenancy, returned the keys, ceased paying rent, and removed his belongings, thereby surrendering the tenancy by notice and by operation of law. The emails relied upon by the defendant were found to be authentic and sent by the claimant. The tenancy ended on 30 March 2020, and the claim for unlawful eviction fails as the claimant was no longer a tenant after that date.

Court Disposition

Claim dismissed

Orders

  • Claim for unlawful eviction and breach of covenant for quiet enjoyment dismissed
  • Further hearing to be listed to deal with costs and outstanding matters