[2025] EWHC 2271 (Admin)

The factual background

The Claimant is the secure tenant of Flat 11, Greville Court, 2 Napoleon Road, Clapton, London E3. The Defendant is his landlord. The flat is on the second floor of a block of flats and accessed by communal lift and stairs. The Claimant has a number of medical conditions that affect his mobility such that he can only access his flat by using the lift.

On 27 March 2025 the lift broke down and it was shut down on 28 March 2025. On 31 March 2025 the Claimant’s solicitor requested that the Defendant provide him with alternative temporary accommodation until the lift was fixed. On 3 April 2025, the Defendant offered to provide the Claimant with accommodation in a hotel. The Claimant has dogs and, although the Defendant had arranged with the hotel that the Claimant could bring his dogs with him, the Claimant would not be able to leave them at the hotel unattended. The Defendant declined to pay for a dog walker. There is medical evidence that indicates that the dogs are a protective factor in managing his mental health difficulties.

Following pre-action correspondence, the Claim was issued on 22 April 2025.

On 22 April 2025 an application was made for an interim order compelling the Defendant to provide suitable accommodation to the Claimant.

The lift at Greville Court was repaired and put back in service on 24 April 2025.

On 29 April 2025 Ms Anneli Howard KC, sitting as a Deputy High Court Judge, granted a mandatory interim injunction. Ms Howard’s order required the Defendant to provide the Claimant with suitable temporary alternative ground floor accommodation in Clapton, Homerton, Hackney or nearby local area. It appears that the order was made without sight of correspondence from the parties which informed the Court that the lift had been repaired. Accordingly, on 2 May 2025, Ms Howard granted a stay of her order.

Shortly after the issue of the judicial review and interim relief claim, a separate claim was issued in the county court on 14 May 2025. In that claim the Claimant claims damages for breaches of the Defendant’s repairing covenants as well as general damages arising from the lift breakdowns