Benjamin Rose successful in defending Housing Disrepair claim.

Benjamin Rose appeared on behalf of a non-domiciled landlord in a housing disrepair matter. The property was previously owned by the landlord's parents who had also let it out.

The claim was initially brought as a simple rent arrears possession case by the landlord against the tenants, with arrears limited to £10,000. The tenant counterclaimed for disrepair and personal injury. It transpired that the tenant had been the letting agent for the landlord's parents, and it was alleged by an independent witness that the agent had failed to notify the landlord of historic reports of disrepair, instead moving tenants out and threatening rent increases. The letting agent then moved in with her family and requested that all of the disrepair be completed, including new windows, a partial new roof, and a new heating system.

Benjamin was able to secure a judgment by consent for his clients for £32,000 to cover arrears, costs, and the travel expenses for his client in attending trial from the United States. In addition, he was able to secure an undertaking from each defendant that they would not petition for their own bankruptcy for a period of 6 years.

Benjamin is available to advise upon matters relating to housing, property, and the complex law of agency. He was instructed by Rikki Foster of Andrew Jackson Solicitors.