Morshead Mansions Ltd v Di Marco

Morshead Mansions Ltd v Di Marco

Sections 21 and 22 of the Landlord and Tenant Act 1985 do not confer a civil remedy or right to a mandatory injunction; the only sanction is criminal, and Parliament has not indicated an intention to provide a civil enforcement mechanism for these duties.

Parties
Appellant: Morshead Mansions Ltd; Respondent: Mr Di Marco
Jurisdiction
England and Wales
Judgment Date
12 February 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Service Charges, Statutory Interpretation, Civil Remedies, Injunctions
Landlord and Tenant Property Law Service Charges Statutory Interpretation Civil Remedies Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Morshead Mansions Ltd

Appellant

Mr Di Marco

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a tenant is entitled to a mandatory injunction in civil court to compel a landlord to comply with sections 21 and 22 of the Landlord and Tenant Act 1985

Ratio Decidendi

Sections 21 and 22 of the Landlord and Tenant Act 1985 do not confer a civil remedy or right to a mandatory injunction; the only sanction is criminal, and Parliament has not indicated an intention to provide a civil enforcement mechanism for these duties.

Court Disposition

appeal allowed

Orders

  • No mandatory injunction granted; tenant not entitled to civil enforcement of sections 21 and 22 of the Landlord and Tenant Act 1985