High Court has refused to dismiss on the grounds of delay a claim regarding the alleged uninhabitable condition of a property dating back to 2006. The tenants had argued that the property suffered from issues such as mould, damp, and inadequate heating, which were exacerbated by a ventilation system installed by the landlord, a charitable trust. The court found that while the delay was significant, the balance of justice did not favour dismissal as the landlord had failed to demonstrate that a fair trial was not possible due to the delay. The court emphasised the availability of contemporaneous documents and expert reports which could alleviate the impact of time on witness recollection, and the fact that no key witnesses were deceased or proven to be unavailable. The case is now expected to proceed to hearing without further delay, with the court urging both parties to agree on an expedited timetable.
Landlord-tenant dispute, property habitability, mould and damp issues, ventilation system, inordinate delay, inexcusable delay, fair trial, contemporaneous documents, expert reports, balance of justice, High Court, dismissal application, witness availability, legal proceedings, case management.