CJ moved into a private-rented sector property as a tenant in 1991 and paid a deposit. Ownership of the property changed and her subsequent landlord requested a further deposit which CJ paid. The deposits were never protected. CJ entered into a number of tenancy agreements for the same property over the years.
In 2019 the landlord issued an accelerated claim for possession under section 21 Housing Act 1996 claiming CJ was an assured shorthold tenant. However private tenancies entered into before 1997 required a special notice under section 20 Housing Act 1988 to be served, before the tenancy could become an assured shorthold tenancy (“AST”). No such notice was ever served, and it was asserted that CJ’s tenancy was an assured tenancy with greater protections than an AST.
CJ instructed GT Stewart Solicitors who prepared a defence and a counterclaim against the landlord for failing to protect CJ’s deposit in the eventuality CJ was found to have an AST. Due to the Pandemic, the possession proceedings were stayed and only re-activated in June 2023. A one-day trial was listed for 29 August 2024 at Croydon County Court. The Deputy District Judge found that CJ had an assured tenancy and therefore could not be evicted using the section 21 procedure. The possession claim was dismissed with costs.
CJ was represented by Susan Gronbach and counsel was Marie Paris of Doughty Street Chambers.
