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Carphone Warehouse UK Ltd v Cyrus Malekout

The effect of a Tomlin order settling possession proceedings was not just to create an estoppel limited to the legal conclusion that the tenant was a statutory tenant at that date but to create an estoppel as to the essential facts and circumstances underlying the agreement made at that time.

23 June 2006

The appellant landlord (C) appealed against a decision refusing its claim for possession of a flat. The respondent tenant (M) had been granted a tenancy by C’s predecessor. The landlord had terminated the contractual tenancy for alleged non-payment of rent and, pursuant to s 2 of the Rent Act 1977, M remained a statutory tenant if, and as long as, he occupied the premises as his residence. From then onwards, the landlord and M were in dispute about the state of the premises. The premises became uninhabitable and no one occupied them. C then became landlord by assignment and brought proceedings claiming arrears of rent and that M had ceased to occupy the premises as his residence so that the statutory tenancy had terminated. The proceedings were compromised and the parties agreed in a Tomlin order that C would carry out works and that when they had been completed to the satisfaction of an independent expert, M would become liable to pay rent. M was not satisfied with the works and ...

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