Birmingham City Council (claimant/appellant) v Bravington (defendant/respondent)
Wednesday 1 March 2023
By Appellant’s Notice filed on 23 February 202, the Claimant , Birmingham City Council (“A”) appeal the Order of HHJ Boora (Country Court sitting at Birmingham) dated 4 February 2022 by which the appeal was dismissed and A was ordered to pay costs.
Facts: The appeal arises out of the decision of HHJ Boora dated 4 February 2022, dismissing A’s appeal from the Order of District Judge Phillips (dated 8 July 2021) to grant summary judgment in favour of the respondent, thereby dismissing the authority’s claim for possession of the residential property of which the Defendant was a tenant.
The key issue was whether A had validly served a notice of seeking possession on the respondent prior to issuing the proceedings.