Kyriakou v Long

Kyriakou v Long involves a dispute between a landlord and a tenant concerning the termination of a residential tenancy agreement. The Consumer Trader and Tenancy Tribunal had issued an order terminating the tenancy, which was subsequently upheld by the District Court and the Supreme Court (Equity Division). The tenant, Kyriakou, applied to the Supreme Court for a stay of the eviction on the basis of procedural unfairness, which was unsuccessful. Kyriakou then applied to the Common Law duty judge for a stay of eviction, citing illness as the reason for not attending the previous hearings. The legal issues before the court involved whether the duty judge had jurisdiction to grant a stay under the Consumer Trader and Tenancy Tribunal Act and whether the previous decisions were fair and just.

The court held that the duty judge's jurisdiction to grant a stay was limited under the Consumer Trader and Tenancy Tribunal Act, which requires strict adherence to the statutory framework governing tenancy disputes. The court emphasised that the duty judge did not have the authority to re-litigate issues already determined by the Tribunal and the Supreme Court. The court also found that the tenant's illness did not provide a valid reason to deviate from the established legal process. The decision to terminate the tenancy was considered to be fair and just, given the circumstances and the evidence presented. The application for a stay of eviction was accordingly refused.

Given the court's findings, the appeal was dismissed, and the order for the termination of the residential tenancy agreement remained in place. The court emphasised the importance of following the statutory procedures in tenancy disputes and the limited role of the duty judge in reviewing such matters. The decision underscores the need for parties to present their cases fully and fairly within the established legal framework.