Peakstone Commerce Limited v Aziz Abdul Hozan Rahman

Peakstone Commerce Limited v Aziz Abdul Hozan Rahman

The appeal was dismissed because the judge was entitled to decide the case on the basis of the defendant's own pleaded statutory continuation tenancy, which gave rise to the same liability for rent as claimed, and there was no procedural unfairness or prejudice.

Parties
Claimant/respondent: Peakstone Commerce Limited; Defendant/appellant: Aziz Abdul Hozan Rahman
Jurisdiction
England and Wales
Judgment Date
24 March 2026
Procedural Posture
Civil Appeal / Second Appeal, Judgment
Outcome
appeal dismissed
Legal Topics
Statutory Continuation Tenancy, Pleadings, Procedural Irregularity, Rent Arrears, Counterclaim Dismissal
Landlord and Tenant Civil Procedure Statutory Continuation Tenancy Pleadings Procedural Irregularity Rent Arrears Counterclaim Dismissal

Case Brief

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Parties

Peakstone Commerce Limited

Claimant/respondent

Aziz Abdul Hozan Rahman

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 Whether the trial judge erred by deciding the case on an unpleaded or disavowed basis
  2. 2 Whether the statutory continuation tenancy could be relied upon despite procedural history
  3. 3 Whether the defendant remained in occupation and liable for rent after 2018

Ratio Decidendi

The appeal was dismissed because the judge was entitled to decide the case on the basis of the defendant's own pleaded statutory continuation tenancy, which gave rise to the same liability for rent as claimed, and there was no procedural unfairness or prejudice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded against Mr Rahman