Clements v Simmonds
Clements v Simmonds
- 2002
- Estates Gazette Law Reports [2002] 41 EG 178-185(8) High Court (Administrative Court) [2002] EWHC 1652 (QB) .
QBD 17 April 2002. The claimant C had held a statutory tenancy, protected by the Rent Act 1977, of a flat in a house owned by the defendant S. In May 2000 a possession order was made, under Sched 15 Case 9 to the 1977 Act, in favour of S. C gave up possession in November 2000. Soon after, S, whose health was deteriorating, gave instructions for the house to be sold, as she was too ill to renovate the property. It was sold in 2001 for around £1.25m. C brought a claim for damages under 1977 Act s102, on the grounds that the basis upon which S had obtained the possession order was false and was a misrepresentation as to her intentions to live in the house. "Held", the claim was allowed and damages of £60 000 awarded.
CLAIM FOR DAMAGES
RENT ACT 1977 SCHED 15 CASE 9
RENT ACT 1977 S102
MEASURE OF DAMAGES
ORDER FOR POSSESSION
CLEMENTS V SIMMONDS
QBD 17 April 2002. The claimant C had held a statutory tenancy, protected by the Rent Act 1977, of a flat in a house owned by the defendant S. In May 2000 a possession order was made, under Sched 15 Case 9 to the 1977 Act, in favour of S. C gave up possession in November 2000. Soon after, S, whose health was deteriorating, gave instructions for the house to be sold, as she was too ill to renovate the property. It was sold in 2001 for around £1.25m. C brought a claim for damages under 1977 Act s102, on the grounds that the basis upon which S had obtained the possession order was false and was a misrepresentation as to her intentions to live in the house. "Held", the claim was allowed and damages of £60 000 awarded.
CLAIM FOR DAMAGES
RENT ACT 1977 SCHED 15 CASE 9
RENT ACT 1977 S102
MEASURE OF DAMAGES
ORDER FOR POSSESSION
CLEMENTS V SIMMONDS