Mountain v Hastings
Mountain v Hastings
- 1993
- Estates Gazette (1993) 29 EG 96-100(5) .
CA 24 March 1993. The landlord`s (M) claim for possession of a flat, including mesne profits and arrears of rent, was challenged on appeal by H. H`s contention was that while there was no dispute over the fact of rent arrears, the court had not given due consideration to H`s counterclaim that the rent should be reduced by way of set-off against the flat`s condition; the recorder had improperly used his discretion to refuse an adjournment to hear this claim. Further, he had no jurisdiction to judge the application as M`s notice had not been drafted as prescribed by the Housing Act 1988. Appeal allowed as ground 8 had not been specified or included the words "at least three months notice".
ASSURED TENANCY
GROUNDS FOR POSSESSION
HOUSING ACT 1988 S8
POSSESSION
RENT ARREARS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SET-OFF
CA 24 March 1993. The landlord`s (M) claim for possession of a flat, including mesne profits and arrears of rent, was challenged on appeal by H. H`s contention was that while there was no dispute over the fact of rent arrears, the court had not given due consideration to H`s counterclaim that the rent should be reduced by way of set-off against the flat`s condition; the recorder had improperly used his discretion to refuse an adjournment to hear this claim. Further, he had no jurisdiction to judge the application as M`s notice had not been drafted as prescribed by the Housing Act 1988. Appeal allowed as ground 8 had not been specified or included the words "at least three months notice".
ASSURED TENANCY
GROUNDS FOR POSSESSION
HOUSING ACT 1988 S8
POSSESSION
RENT ARREARS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SET-OFF