EXPERTS litigation 1996 non documented landlord and tenant arrangement terminated
Thursday, September 29, 2011
Do you want normal litigators or do you want expert litigators?
We have told you about various landmark decisions by our firm. Now we can tell you about another.
At Court on Monday 5th September 2011, we acted for a commercial client in relation to a landlord and tenant relationship where he allowed the tenant to enter into the property in 1996.
The key difficult features were the following:
- There was no written agreement.
- The agreement was simply upon expiry of 4 weeks notice.
- The records in respect of rental payments and receipts were difficult to reconcile.
- The tenant made various allegations regarding the rental record.
- The tenant made various allegations regarding the condition of the property and works that he had carried out by way of a counterclaim.
Notices
- We served various notices under the Housing Act 1988. This was to insure that if the Court took the view that this was an assured tenancy, we would have had the appropriate notice, assured shorthold tenancy and also a periodic tenancy.
- We appeared at Court on this contested matter with various witness and other evidence and based upon the notices and documentation filed, the Court had no discretion whatsoever.
- They had no choice but to order possession with a substantial judgement in respect of rent.
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