Key Facts
- •Metropolitan Housing Trust (claimant) sought a gas injunction against tenant Ms Besima Cifci (defendant).
- •The defendant failed to cooperate with attempts for an annual gas safety inspection.
- •The claimant sought an injunction allowing entry to the property, including drilling the lock if necessary.
- •The defendant did not appear in court.
Legal Principles
Landlord's right of access for repairs and inspections.
Lease agreement and section 11(6) of the Landlord and Tenant Act 1985.
Landlord's duty to ensure gas safety inspections under the Gas Safety (Installation and Use) Regulations 1998.
Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998.
Court's power to grant interim remedies, including orders authorizing entry onto land.
CPR 25.1(1)(d) and CPR 25.1(1)(c)(ii).
County Court's power to make orders that the High Court could make.
Section 38(1) of the County Courts Act 1984.
High Court's power to grant injunctions and attach conditions.
Section 37(1) and (2) of the Senior Courts Act 1981.
Definition of criminal damage under the Criminal Damage Act 1971.
Section 1(1) of the Criminal Damage Act 1971.
Outcomes
The court granted the injunction.
The court found it had the jurisdiction to grant the injunction, and that the proposed terms, including drilling the lock if necessary, did not authorize criminal damage as the lock and door belonged to the landlord.
Modification of the injunction's terms.
The court amended the injunction to require the claimant to replace the lock and provide keys to the defendant if the lock was drilled.