The Issues
The appellant originally brought possession proceedings in 2013, and the respondent counterclaimed for disrepair under s11 of the Landlord and Tenant Act 1985 for a failure to keep the property in a reasonable state of repair.
In the first instance, the Landlord did not attend and was not represented. The possession claim was dismissed and a judgement was made on the counterclaim whereby the tenant was awarded 50% of rent for the period from 2007 to 2014. The Judge also added the Simmons v Castle 10% uplift to the award for damages.
The Landlord subsequently appealed this decision and the appeal was dismissed. She then brought a second appeal in the Court of Appeal.
In deciding this matter, the Court of Appeal had to consider two issues:
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