The evidence of the defendants
The evidence of the defendants
At the heart of each of the counterclaims are factual issues as to what each defendant would have done in relation to rent if she or he had known, as they know now, that as from 15 December 2023, because they had not been given an ECR, their properties were deemed unfit for human habitation and they were not required to pay rent until the ECR was given. This is dealt with in the written evidence of each, and in oral evidence by Ms Jones and Mr Wadley.
- Heading
- The Hon. Mr Justice Griffiths and His Honour Judge Jarman KC
- ISSUE 1 - DID THE DEFENDANTS PAY RENT BECAUSE OF A MISTAKE OF LAW?
- The undisputed facts
- The evidence
- Evidence on behalf of the claimants and Welsh Government
- The evidence of the defendants
- The evidence of Mrs Mitchell
- The evidence of Ms Helen Jones
- The evidence of Mr William Wadley
- Conclusion on the evidence
- ISSUE 2 - WERE THE CLAIMANTS UNJUSTLY ENRICHED AS A RESULT OF THE DEFENDANTS’ MISTAKE?
- ISSUE 3 - IS A CLAIM FOR UNJUST ENRICHMENT NOT AVAILABLE TO THE DEFENDANTS IN ANY EVENT, GIVEN THAT THERE IS A SUBSISTING CONTRACTUAL RELATIONSHIP BETWEEN THEM AND THE CLAIMANT LANDLORDS?
- ISSUES 4, 5 AND 6
- Conclusions
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