Switaj -v- McClenaghan [2024] EWCA Civ 1457

The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 ("TFA") could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.

Facts

The Appellant, Ms Switaj, was the tenant of a flat in Holloway. She originally took up occupation of the flat in April 2018, pursuant to the grant of a 12-month AST ("Original AST"). The Respondent, Mr McClenaghan, was the landlord.

In addition to the payment of rent and a security deposit, the Original AST required payment of the following sums: (a) £120 plus VAT in respect of an "admin fee" for preparing any documents relating to any renewal of the tenancy; and (b) an unquantified "check out fee" (together the "Original Fees"). The Original Fees were paid by Ms Switaj to the landlord's agents in March and April 2018.