Morayo Fagborun Bennett
Morayo specialises in all areas of landlord and tenant and property law.
Recent cases include Charalambous v Ng [2014] EWCA Civ 1604 (tenancy deposit schemes), Coope v Ward [2015] EWCA Civ 30 (easement of support and measured duty of care) and Farah v Hillingdon LBC [2014] EWCA Civ 359 (intentionality and homelessness). She also regularly acts in disrepair and dilapidation proceedings, service and estate charge disputes and residential and commercial lease renewals.
Morayo’s public law practice includes community care, Court of Protection, deprivation of liberty, welfare benefits, homelessness, judicial review and discrimination law. Recent cases concerned the community care needs of life sentenced prisoners, a deprivation of liberty case on the interface between the MCH and MCA and a test case on the lawfulness of the current practice adopted by decision makers in Employment Support Allowance assessments.
Morayo’s commercial practice covers contractual disputes in the property and employment sectors advocating in the courts and tribunals. A speciality is cases involving multiple discrimination complaints. Morayo came to the law with a background in philosophy and theology, graduating from St Hilda’s College, Oxford in 2000 with a 2:1. Her Masters in Crime, Human Rights and the International Community achieved a Distinction.
She attained a commendation in the Common Professional Examination and was graded outstanding on the Bar Vocational Course in 2004.
Practice Areas
Panels
- Case Analysis Panel
- Consulting Editorial Board
- Contributing Author
- Q&A Panel
Qualifications
- Buchanan Prize 2004
- IDS Brief Prize for Employment Law 2004
- Sibel Dedezade Pro Bono Award 2004
- Hardwicke Scholar 2003
- Lord Bowen Scholar 2002
Education
- CPE. City University (Commendation)
- MA (Westminster) Crime, Human Rights and the International Community (Distinction)
- BVC, City University (Outstanding)
- MA (Oxon) Philosophy and Theology (2:1)
5 Contributions by Morayo Fagborun Bennett
PRACTICE NOTES
Acceptable Behaviour Contracts as Community Remedies: Local Authority Guidance on ASB Engagement, Drafting, Monitoring and Enforcement (England and Wales)
Anti-social behaviour (ASB)
ASB is an umbrella term capturing everyday occurrences of crime, nuisance, disruption, disturbance, annoyance and disorder. It covers behaviours such as:
littering
vandalism
noise nuisance
loud music
aggressive dogs
abusive neighbours
Local authorities may need to respond to ASB in both housing and non-housing settings. In housing, a landlord might have to address issues between neighbours, members of the same household, or problems caused by uninvited visitors to estates. Outside a housing context, ASB can involve street drinking, gangs of youths and prostitution.
Reform of anti-social behaviour powers (2014)
The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) obtained Royal Assent on 13 March 2014, overhauling the tools for tackling ASB. Its purpose was to streamline remedies and make processes simpler and more effective. In July 2014, the government issued statutory guidance, ‘Anti-social behaviour powers: statutory guidance for frontline professionals’, which is updated from time to time. In July 2022, the Home Office set out the Anti-social behaviour principles, developed by the Anti-social Behaviour Strategic Board, to outline a consistent approach to understanding and addressing ASB within local communities...
Local Government
PRACTICE NOTES
Possession of introductory tenancies in England: notice, review, time limits, public law, Article 8 and Equality Act defences, and effects of proceedings
A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice requirements for introductory tenancies have been met.
Notice of Proceedings for Possession
The landlord must give the tenant a Notice of Proceedings for Possession which sets out:
its intention to apply to the court for a possession order
the reasons it seeks possession
the earliest date on which proceedings may start
confirmation of the tenant’s right to have the decision reviewed
the deadline for requesting a review
that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor
No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a single page or in a single document, provided it is presented clearly...
Local Government
PRACTICE NOTES
Rent setting across private and social housing: fair rents, formula rents, assured shorthold tenancy rent assessments, and rent standards for local authorities and registered providers (England and Wales)
ARCHIVED: This Practice Note has been archived and is not maintained.
The rent a tenant is required to pay is set out in the tenancy agreement binding the landlord and the tenant, which also regulates their legal relationship. Many agreements allow for rent to be increased during the term, especially where both parties foresee a longer tenancy. Conversely, where the arrangement is for a short, fixed period (as with many assured shorthold tenancies), the rent may stay at a single level for that fixed term. Exactly how rent is fixed, and what rights each party has in relation to increases, will depend on the type of tenancy. The key tenancy types and the legal rules that govern rent setting are outlined below.
Private sector tenancies
Rent Act tenancies
What is a Rent Act tenancy?
Most private sector tenancies today are assured or assured shorthold tenancies under the Housing Act 1988 (HA 1988). Private sector tenancies granted on or after 15 January...
Local Government
PRECEDENTS
Acceptable Behaviour Contract (ABC) Precedent: Voluntary, Non‑statutory Agreement with Positive Requirements, Monitoring and Breach Consequences (ASBO and Possession) [Archived]
This Contract is dated [ date ]
Parties
Between [ name and address of lead agency/agencies ]
And [ name of individual and address ]
[ name of individual ] accepts the following regarding future behaviour –
ARCHIVED: This Precedent has been archived and is not maintained.
Personal behaviour
I will not intentionally cause damage to any property in or around [ specify area ].
I will refrain from writing graffiti in or around [ specify area ].
I will not hurl any objects, including stones, at residents or passers-by in or around the estate.
I will not use foul language towards, threaten, or verbally abuse residents or passers-by on the estate.
I will not join groups of [ identify number ] people gathered in stairwells [ specify the area ] or in other communal parts of the estate...
Local Government
Q&As
Relief from forfeiture for assignee after s 146 LPA 1925 re-entry
Rights when assignee’s lease forfeited because of a former leaseholder’s breach
An assignee’s personal exposure for breaches committed before a lease is assigned is restricted, and a tenant will generally be responsible only where the lease contains an express covenant dealing with those breaches and allocating liability. Without such an express term, the landlord has no covenant to pursue against the assignee for defaults that were fully committed prior to the assignment of the lease. Forfeiture, by contrast, is a proprietary remedy rather than a personal one under the lease. It can be exercised by a landlord against a tenant for breach of covenant under that lease. See Practice Note: ....
Property
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