Coastal Housing Group Limited v Mitchell and Ors (Record no. 122057)

MARC details
000 -LEADER
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007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
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fixed length control field 241114e20241108xxk||||os||||o00| 0 eng d
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
110 ## - MAIN ENTRY--CORPORATE NAME
Corporate author Royal Courts of Justice
9 (RLIN) 4330
245 ## - TITLE STATEMENT
Title Coastal Housing Group Limited v Mitchell and Ors
260 ## - PUBLICATION INFORMATION
Place of publication [2024] EWHC 2831 (Ch)
Publisher Chancery Division
Date 8 November 2024
520 ## - ABSTRACT
Abstract A test case before Mr Justice Griffiths and Judge Jarman KC under the Renting Homes (Wales) Act 2016, the High Court held that contract-holders (known as tenants before the RHW Act) under converted occupation contracts were not liable to pay rent until their landlords had provided them with electrical condition reports; until then, the dwellings were treated as being unfit for human habitation. In each of the test cases, the claimant landlords commissioned an ECR but failed to provide the contract-holders with a copy for several months. Various details such as whether contract-holders had the right to claim back paid rent (none had in fact withheld rent) was not a matter explored by this case. <br/><br/>Looked at the landlords claim there was a distinction between “actual” breach (where as a matter of fact the dwelling is unfit for human habitation because of some electrical fault) and “deemed” breach (where the property is fit for human habitation because there are no electrical faults but the administrative failure to provide the certificate means the dwelling is “deemed” to be unfit).
650 ## - KEYWORDS
Keywords RENTING HOMES (WALES) ACT 2016
650 ## - KEYWORDS
Keywords LANDLORD AND TENANT
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Keywords ELECTRICAL CONDITION REPORTS
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Keywords UNFIT HOMES
651 ## - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name Wales
856 ## - ONLINE RESOURCE
Uniform Resource Identifier https://caselaw.nationalarchives.gov.uk/ewhc/ch/2024/2831
Public note Available from caselaw archive
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