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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Please could you explain to me Estoppel in Litigation. I

Resolved Question:

Please could you explain to me Estoppel in Litigation.

I am in proceedings with my landlord who at every turn has tried almost anything to get the case struck out and paint a false picture of my character highlighting things that aren't there. My fears are that, again, they are attempting to mislead me unknowingly, and so that would be the reason for this question:

What can I do if I believe this is going on when attending court to hear the application with 'leave to amend?'

Thank you in advance to your answer.
Submitted: 1 year ago.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

What are you trying to argue in terms of estoppel please?

Customer:

Hello Joshua, it isn't clear whether this is the right place for instant 'chat!'?

Joshua :

It seems to be working my end...

Customer:

Bear with me, just preparing a question?

Customer:

Firstly, does it have any basis in landlord tenant? I may be suspicious when it comes to the landlord but its a feeling that they may go for dismissal of the leave to amend. Their reasons could be why I am presenting this part of the claim when it could have been done sooner and therefore bringing into question other parts of my claim

Joshua :

It can apply to landlord tenant relationships. The essence of estoppel is where you can show that A has promised something to B or made a representation to B on which B has relied to his detriment. The law of estoppel prevents A going back on what he has represented or promised in these circumstances.

Joshua :

Estoppel can only be used as a defence to an action by the landlord not as a means of attach - the maxim goes that is can be used as a shield but not a sword.

Customer:

Can you explain means of attach pls?

Joshua :

Sorry it is a typo. Attach should read "Attack". My apologies.

Joshua :

Estoppel can be used in landlord tenant situations. It is probably more common to rely on breach of contract provisions than estoppel in L&T situations but it can be used if you can establish the above facts.

Customer:

Would you being able to give an example of the means to 'shield' and 'attack' from what?

Joshua :

Certainly. You cannot sue the landlord for damages based on estoppel but you can use it to defend against a claim from him. An example - say the landlord said you could use a garden he owned nearby to the property for the full period of your tenancy. As a consequence you planted shrubs and so on and improved the area. The landlord then changes his mind and says you can't. You can defend any attempt by him to take back the garden under estoppel but if he does not try to take back the garden you cannot go to court to seek an order against him to declare the garden part of your tenancy. The former is a defence the latter is a form of attack.

Customer:

Ok, think I have it! So, should I place a 'reliance' on the Defendant's solicitor to have expressly acknowledged the other areas of disrepair, but then to argument that this part of the claim be dismissed I could argument that these matters they were aware of due to seeking disclosure?

Joshua :

In what way are you trying to use estoppel. Is it in respect of landlords failure to repaid or other things too?

Customer:

My landlord fails to doing any repair and would be the reason for adding to the claim.

Customer:

I have incurred lose in respect to my personal possessions

Customer:

Loss of personal possessions due to the continued deterioration of the property

Joshua :

Thanks. based on the above I do not think estoppel is the way to go. You likely have more straightforward claims for breach of contract on the basis of the agreement and terms implied into it by the landlord and Tenant Act and in tort for your possessions...

Joshua :

The Landlord and Tenant Act 1985 places an implied term in every tenancy that the landlord must keep in repair the structure, sanitary installations and exterior of the property. However this does not cover design faults, only a lack of repair - this is provided for in a decision handed down in Quick v Taff Ely BC.

There is a raft of legislation and regulations to protect tenants in respect of landlords repair obligations. The landlord provides for duties under statutory legislation. The Environmental Protection Act 1990 provides that the Landlord has a duty of care to provide adequate and safe conditions in their properties and the Housing Act 2004 introduced the Housing Health and Safety Rating System which shifted assessment towards health and safety impact. Each council is responsible for developing its own policy but most have a substantive list of requirements that address mould, damp structure and so on. There is a useful guide to the same here: http://www.communities.gov.uk/documents/housing/pdf/142631.pdf. There are also provisions for the safety of electrical installations

Landlords can also be held liable if they have failed to provide a safe and healthy environment for their tenants. You can ask the environmental department at the local council to carry out a health and safety assessment of the property. They have the power to serve improvement notices on the landlord to remedy any areas which do not come up to standard.

Joshua :

You cannot claim for damage to your personal possessions unless you can show that the damage was caused by a failure by the landlord to attend to maintenance for which he is responsible and knew need to be done and was negligent in carrying out such maintenance. If you cannot demonstrate negligence the claim for possessions would be properly put to your contents insurer.

Joshua :

Is there anything else I can help you with?

Customer:

You are right - there are proceedings already a claim. However, I could possibly use Estoppel due to a breach of contract of the Expert Witness. I think I have it now, in fact, one of the remedies was for Specific Performance because a Contract was not fulfilled and the Defendant tried to "gain" access by means of intimidation (court order).

Customer:

Thank you for your help. Is it possible to save this correspondence for reference in the future?

Joshua :

A pleasure. Yes it should save to your past questions in your account. i can ask customer services to email a transcript if you like?

Customer:

Thank you very much. My e-mail address is:XXX@XXXXXX.XXX

Joshua :

Thanks. I will ask them to do so. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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