N'Guessan & Anor v Bewry [2026] EWCC 9 (09 February 2026)

N'Guessan & Anor v Bewry [2026] EWCC 9 (09 February 2026)

The rent increase notice was effective and not waived or estopped; arrears of £9,250 accrued. The Defendant established several pleaded disrepair claims, with compensation assessed for loss of amenity. Both parties entitled to judgment on their respective claims, with set-off resulting in a net sum due to Claimants....

Source-derived case information.

Citation
[2026] EWCC 9
Parties
First Claimant: Koffi Emmanuel N'Guessan; Second Claimant: Affouse Lea N'Guessan; Defendant: Donna Bewry
Jurisdiction
England and Wales
Judgment Date
09 February 2026
Procedural Posture
Possession Claim and Counterclaim for Disrepair / Judgment After Trial
Outcome
Judgment for Claimants for £9,250 and for Defendant for £8,160.66; set-off resulting in net judgment for Claimants for £1,089.34; possession order suspended on terms; each party to bear own costs except expert's costs to Claimants.
Legal Topics
Possession Proceedings, Rent Arrears, Disrepair Counterclaim, Estoppel, Repair Obligations, Compensation for Loss of Amenity
Landlord and Tenant Housing Law Civil Procedure Possession Proceedings Rent Arrears Disrepair Counterclaim Estoppel Repair Obligations +1 more

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Summary, issues, holding and outcome

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Parties

Koffi Emmanuel N'Guessan

First Claimant

Affouse Lea N'Guessan

Second Claimant

Donna Bewry

Defendant

Procedural Posture

Possession Claim and Counterclaim for Disrepair / Judgment After Trial

Legal Issues

  1. 1 Whether the rent increase notice was effective and arrears due
  2. 2 Whether the Defendant established disrepair claims and entitlement to compensation
  3. 3 Whether estoppel prevented the Claimants from enforcing the rent increase

Ratio Decidendi

The rent increase notice was effective and not waived or estopped; arrears of £9,250 accrued. The Defendant established several pleaded disrepair claims, with compensation assessed for loss of amenity. Both parties entitled to judgment on their respective claims, with set-off resulting in a net sum due to Claimants. Possession order suspended on terms of arrears repayment and repairs.

Court Disposition

Judgment for Claimants for £9,250 and for Defendant for £8,160.66; set-off resulting in net judgment for Claimants for £1,089.34; possession order suspended on terms; each party to bear own costs except expert's costs to Claimants.

Orders

  • Possession order suspended on terms that arrears be repaid by instalments
  • Claimants to undertake remaining repairs within reasonable time