Hasan Shaikh & Anor v Chabila Mohammad

The claim was not validly brought within the statutory period because the prescribed fee did not accompany the October 2024 claim form; subsequent filing was out of time and the court has no jurisdiction to entertain the proceedings. CPR 3.10 cannot cure the defect of non-payment of the fee.

Parties: Claimant: Mr Hasan Shaikh; Claimant: Ms Asha Hoque; Defendant: Ms Chabila Mohammad
Jurisdiction: England and Wales
Judgment Date: 15 December 2025
Procedural Posture: Landlord and Tenant New Tenancy Claim / Summary Judgment/strike Out Application
Outcome: Defendant's application for summary judgment and/or strike out granted; Claimants' statement of case struck out as abuse of process.
Legal Topics: Statutory Time Limits, Summary Judgment, Strike Out, Court Fees, Commencement of Proceedings

Landlord and Tenant Civil Procedure Statutory Time Limits Summary Judgment Strike Out Court Fees Commencement of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 2

Parties

Mr Hasan Shaikh

Claimant

Ms Asha Hoque

Claimant

Ms Chabila Mohammad

Defendant

Procedural Posture

Landlord and Tenant New Tenancy Claim / Summary Judgment/strike Out Application

Legal Issues

1 Whether the proceedings were validly brought within the statutory period under section 29A of the Landlord and Tenant Act 1954
2 Whether the Civil Procedure Rules grant the court power to cure the defect of non-payment of the court fee

Ratio Decidendi

Court Disposition

Defendant's application for summary judgment and/or strike out granted; Claimants' statement of case struck out as abuse of process.

Orders

Claimants' claim struck out under CPR 3.4
Defendant's application granted