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England and Wales decisions
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The High Court refused a stay of execution on a possession warrant, lifted an existing suspension, and allowed enforcement without 14 days’ notice.
Mavin v Wyatt [2026] EWCA Civ 448 (17 April 2026)
Court of Appeal partly allowed an appeal against contempt findings arising from alleged misuse of Breathing Space, quashing counts 6 and 7 and sending sentence back for reconsideration.
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 ordere…
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Boult v Together Personal Finance Ltd [2026] EWHC 809 (Ch) (02 April 2026)
The High Court allowed an appeal over a post-execution alteration to a legal charge, holding the change was deliberate and material under Pigot’s Case.
Munemo v City of Wolverhampton Council [2026] EWCA Civ 329 (20 March 2026)
The Court of Appeal held that a tenant who obtained a secure tenancy by misrepresentation was intentionally homeless when eviction followed a possession order under statutory grounds.
Pocket Renting Ltd v Investalet Ltd & Ors [2026] EWHC 818 (Ch) (10 February 2026)
The High Court granted possession of five West London properties and a money judgment for arrears and mesne profits, rejecting procedural objections by occupiers.
Phillips & Anor v Garraway [2026] EWCA Civ 55 (09 February 2026)
The Court of Appeal held that services provided as consideration, without an agreed monetary value, were not rent for Housing Act 1988 purposes. The appeal was dismissed.
N'Guessan & Anor v Bewry [2026] EWCC 9 (09 February 2026)
Possession claim over rent arrears and a disrepair counterclaim. The court upheld the rent increase, found arrears due, and awarded the tenant compensation for pleaded disrepair.
Casey & Ors v Environment Agency [2026] EWHC 178 (KB) (02 February 2026)
The High Court dismissed appeals against a possession order over Thames riverbed land occupied by houseboats, holding that permanent mooring had no protected right.
The High Court upheld a possession order removing houseboats moored on the Thames riverbed, rejecting riparian-rights, Article 8, and public law challenges.
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