Samantha Cobb & Ors v Nayyer Jahanghir (Deceased)
Decision date: 25 July 2022
Neutral citation: [2022] UKUT 201 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned a rent repayment claim by five joint tenants against the deceased landlord for an unlicensed HMO. The First-tier Tribunal excluded the tenants’ further evidence for failure to serve witness statements, treated identity/periods of occupation as fundamental, dismissed the claim and ordered costs against the tenants. The Upper Tribunal held those procedural exclusions and the FTT’s approach were wrong given the landlord’s admissions, set aside the substantive and costs decisions, and remitted the matter to the FTT for rehearing with directions.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
Where a respondent has admitted that premises were an HMO and were unlicensed for the relevant period, disputes about the identity of individual occupiers or precise periods of occupation are not necessarily fundamental to establishing the offence; the burden then lies on the respondent to establish any reasonable excuse. Tribunal case-management powers to exclude evidence are reviewable where the tribunal misapprehends which matters are central to proof and where parties’ signed statements of case and grounds of appeal contain statements of truth meeting minimal direction requirements.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal should not rigidly use the formal requirements for witness statements to exclude evidence where parties have provided signed statements of truth in their grounds and statement of case that comply with the minimal requirements of prior directions. When awarding rent repayment orders against joint tenants tribunals can award a single joint sum and have discretion about apportionment; evidence of subletting may be relevant to assessment but is not necessarily determinative of liability.