England and Wales Case Law

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 ordere…

Source excerpt

• Possession proceedings
• Rent arrears
• Disrepair counterclaim
• Section 13 housing act 1988
• Section 11 landlord and tenant act 1985
• Defective premises act 1972

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Elizabeth Alexander & Anor v Mark Middleton

The Upper Tribunal set aside a rent-determination decision because the FTT made no findings on when access for repairs was refused and may have relied on later events.

• Rent determination
• Market rent
• Assured shorthold tenancy
• Section 13 housing act 1988
• Section 14 housing act 1988
• Procedural fairness

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Mooney v Whiteland

Mooney v Whiteland [2023] EWCA Civ 67 (01 February 2023)

The Court of Appeal held that a section 13 Housing Act 1988 rent-increase notice was invalid because it did not state the start of a new tenancy period.

• Validity of statutory rent increase notice
• Interpretation of statutory notices
• Jurisdiction of rent assessment committees
• Section 13 housing act 1988
• Assured periodic tenancies
• Housing-act-1988

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