Don’t get your notices wrong

Nearly Legal are reporting on the case of Ms. Dragos against Cheerz Express Ltd, which highlights several important legal points and outcomes regarding a tenancy dispute.

The Nearly Legal report can be seen here, and covers:

  1. Invalid Section 8 Notice: The possession claim failed because the Section 8 notice seeking possession was deemed invalid due to unclear identification of the landlord. Without a valid notice, the claim for possession could not proceed.
  2. Discrimination and Harassment: Ms. Dragos successfully proved allegations of discrimination and harassment against Cheerz Express Ltd. The landlord’s actions, including pressuring her to sign a tenancy agreement at a higher rent, entering the property without notice, and making derogatory remarks about her race, constituted direct discrimination and harassment under the Equality Act.
  3. Failure to Protect Deposit: Cheerz Express Ltd failed to protect Ms. Dragos’s deposit or return it at any point during the tenancy, resulting in a penalty. The court imposed penalties for the failure to protect the deposit for various periods of the tenancy, based on statutory guidelines.
  4. Damages Award: Ms. Dragos was awarded substantial damages for discrimination, harassment, and the return of the deposit. The total damages amounted to £49,534, including compensation for the discriminatory conduct, failure to protect the deposit, and interest on damages.
  5. Costs: Cheerz Express Ltd was ordered to pay Ms. Dragos’s costs, including those related to the counterclaim for discrimination and harassment. The costs were awarded on the indemnity basis, indicating that the court considered the landlord’s behavior to be particularly egregious.

Nearly Legal made the comment ‘It is good to see a well executed discrimination and harassment counterclaim, and a reminder that a landlord’s bad behaviour can be such as to make a successful counterclaim on a rent arrears possession claim, through harassment and/or discrimination in relation to a protected characteristic.’



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