Landlord & tenant
Lees v Kaye and another [2022] EWHC 1151 (QB), [2022] All ER (D) 42 (May)
The Queen’s Bench Division ruled that the applicant, who had owned a long lease in respect of one of two flats in a building, was entitled to an order which restored the position to what it had been before her eviction and the sale of the lease had taken place. The court so ruled on the applicant’s application for a declaration that the execution of a writ of possession concerning the flat was null and void pursuant to reg 7(12) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311, because there had been a mental health crisis moratorium in place to protect the applicant at the time of execution. The first respondent, who had acquired a long lease of the upper flat in the building, had succeeded in a substantive claim, alleging nuisance and harassment against the applicant. He had been awarded damages and costs, which he had secured by a (final) charging
