Marie Constantine

Disrepair claim

This matter concerned a claim for disrepair with a counterclaim (defended on the basis that the Claimant had repeatedly refused access and had caused wilful damage to the Property). The matter proceeded to trial and the Judge took 10 mins to prepare his judgment and another 10 minutes to deliver it and he found that the Claimant had refused access almost immediately after the tenancy commenced and that the client could not found to be liable at all. As such, the Judge did not consider the individual items of disrepair and on the counterclaim, he found for the client (damages) and ordered the Claimant to pay costs of £17,516.80.

ASB

This matter concerned an application for an ASB injunction against an occupant, which resulted in an Order being granted and a subsequent finding of breach.  A claim for possession against the tenant then followed on the mandatory ground for possession.  An application was made to extend the Injunction Order and because the Court failed to deal with this in time, it was necessary to make an application to reinstate the Order and pursue a further application for breach of the Injunction Order. The Defendant was eventually incarcerated for crimes unrelated to this matter and the possession claim was settled by way of a Suspended Possession Order and the Injunction Order allowed to lapse.