Salix Homes v Manrato

Landlord and tenant – Action for possession. The appellant company's appeal against a decision of the Deputy District Judge succeeded, in a case concerning the repossession of a property of which the respondent was a tenant. The central issue was whether a landlord was precluded by cause of action estoppel from obtaining an order for possession of property by reason of the tenant's non-payment of rent when there was an existing undischarged order for payment of earlier arrears and for possession for non-payment of those arrears. The Court of Appeal, Civil Division, held that, among other things, the causes of action entitling the relevant local authority to an earlier possession order and the appellant to the 2017 order had not been the same or even substantially the same. The proceedings were not barred by cause of action estoppel.

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