Member Login

No bona fide defence to claim for judgment in respect of arrears of rent

By: Ian Fitzharris BL

or click here to request site subscription to search and view all judgments

High Court: (1) grants order for summary judgment covering amounts of arrears of rent sought by a company owned and controlled by the trustee of an estate set up in favour of the defendant's children, on the grounds that there is no bona fide defence based on the court's jurisdiction, or for alleged payments by the defendant for maintenance and upkeep, which formed part of a counterclaim which also sought damages for trespass and 'forcible entry' into the property; and (2) orders that the parties' dispute as to the validity of a second notice of termination served by the plaintiff is a matter which must be heard and determined by the Circuit Court, in accordance with the applicable landlord and tenant legislative regime.

Commercial Court - application for summary judgment in respect of arrears of rent - cross motion seeking an order dismissing/placing a permanent stay on proceedings - whether a bona fide defence by way of counterclaim and entitlement to equitable set off such that summary judgment application should be refused - letting agreement - existing business tenancy - counterclaim for breach of contract for plaintiff's failure to pay any sums in respect of upkeep and maintenance of property - jersey proceedings - bermuda proceedings - notice of termination served on defendant - dispute referred to residential tenancies board - landlord and tenant civil bill proceedings seeking declaratory relief that plaintiff is entitled to new tenancy and compensation for improvements to property - pleas made - principles to be applied on application for summary judgment - proceedings brought to bring 'knock out blow' to defendant's claim for a new tenancy - counterclaim for maintenance/upkeep - uncontested evidence of contributions by plaintiff towards maintenance - counterclaim arises from different set of circumstances - right of equitable set-off - contractual provision disentitling defendant from set-off - summary judgment granted - dispute concerning 'chattels agreement' referred to arbitration - whether balancing of claims an abuse of process - jurisdiction of High Court in context of referral of dispute over second notice of termination to residential tenancies board - plaintiff has an arguable case - entitlement to a new tenancy - court's powers under applicable legislation - Circuit Court has original jurisdiction to grant a new tenancy - urgency of case not made out which would permit the court to decide issue - stay on plaintiff's reliefs pending determination of landlord and tenant civil bill proceedings with liberty to apply to plaintiff.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Reply

Your email address will not be published. Required fields are marked *