Koffi Emmanuel N’Guessan & Anor v Donna Bewry

Koffi Emmanuel N’Guessan & Anor v Donna Bewry

The rent increase notice under section 13 Housing Act 1988 was effective, so the contractual rent was £1200pcm from 1.2.23. The Defendant was in arrears of £9,250 at trial. The Defendant proved breaches of repairing obligations by the Claimants for specific pleaded items of disrepair, entitling her to damages of £8,160.66. The Defendant's damages are to be set off against the arrears, leaving a net sum of £1,089.34 due to the Claimants. The Defendant's unpleaded claims (deposit protection, How to Rent booklet) were not considered. Estoppel did not arise on the facts. Possession was not ordered outright but by consent, suspended on terms of repayment and repairs.

Parties
First Claimant: Koffi Emmanuel N’Guessan; Second Claimant: Affouse Lea N’Guessan; Defendant: Donna Bewry
Jurisdiction
England and Wales
Judgment Date
03 April 2026
Procedural Posture
Civil Landlord and Tenant / Trial Judgment
Outcome
Judgment for Claimants for £1,089.34 after set-off; possession order suspended by consent; damages for disrepair awarded to Defendant; each party to bear own costs except expert's costs to be paid by Claimants.
Legal Topics
Possession Proceedings, Rent Arrears, Disrepair Counterclaim, Section 13 Housing Act 1988, Section 11 Landlord and Tenant Act 1985, Defective Premises Act 1972, Estoppel, Limitation
Landlord and Tenant Housing Law Contract Law Possession Proceedings Rent Arrears Disrepair Counterclaim Section 13 Housing Act 1988 Section 11 Landlord and Tenant Act 1985 +3 more

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Parties

Koffi Emmanuel N’Guessan

First Claimant

Affouse Lea N’Guessan

Second Claimant

Donna Bewry

Defendant

Procedural Posture

Civil Landlord and Tenant / Trial Judgment

Legal Issues

  1. 1 Whether the rent increase notice under section 13 Housing Act 1988 was effective
  2. 2 Whether there are rent arrears justifying possession under Grounds 10 and 11
  3. 3 Whether the Defendant is entitled to damages for disrepair and if so, quantum

Ratio Decidendi

The rent increase notice under section 13 Housing Act 1988 was effective, so the contractual rent was £1200pcm from 1.2.23. The Defendant was in arrears of £9,250 at trial. The Defendant proved breaches of repairing obligations by the Claimants for specific pleaded items of disrepair, entitling her to damages of £8,160.66. The Defendant's damages are to be set off against the arrears, leaving a net sum of £1,089.34 due to the Claimants. The Defendant's unpleaded claims (deposit protection, How to Rent booklet) were not considered. Estoppel did not arise on the facts. Possession was not ordered outright but by consent, suspended on terms of repayment and repairs.

Court Disposition

Judgment for Claimants for £1,089.34 after set-off; possession order suspended by consent; damages for disrepair awarded to Defendant; each party to bear own costs except expert's costs to be paid by Claimants.

Orders

  • Possession order suspended on terms that arrears be repaid by instalments and repairs completed within reasonable time.
  • Judgment for Claimants for £1,089.34 after set-off of damages for disrepair.