A law student has won his first ever case after taking his “intimidating” landlord to court.
Rahath Junaid successfully argued that Shadi Baja owed him six months of the year’s rent he paid up front because Baja had breached their tenancy agreement by harassing him.
Mr Junaid said Baja would turn up without notice, snoop around and “steal” items during the six months he lived with two housemates at the flat in Sillwood Street, Brighton.
But the final straw came in March 2021 when Baja came to the flat to fix a faulty washing machine, yelled at him, waved his hands in his face and threatened to evict him.
Mr Junaid hid in his room until Baja had left, and moved out into University of Sussex emergency accommodation the following day.
On Monday, he told a small claims hearing at Brighton County Court: “He infringed on our implicit right to peaceful enjoyment of the property. He was endlessly harassing us within the property. He has breached it multiple times by harassing us, by showing up at our home without notice.”
Mr Junaid said when he moved in in September 2020, the flat came with door stops for the bedrooms, but within weeks, Baja had removed them.
When Mr Junaid bought his own doorstops, Baja came into the flat and took these without informing him. It was only when Mr Junaid challenged him that they were returned, and Baja explained keeping doors open was a fire hazard.
He then showed up in December 2021 out of the blue, saying he needed to check the wiring in the flat, but instead “snooped around” and left.
In March, Mr Junaid asked him to come to the flat to fix a washing machine. Baja came to the flat on March 31, and soon became aggressive.
Mr Junaid said: “I was the only person in the flat at the time and he threatened me with eviction. He yelled at me and made me feel like he was going to assault me and I had to immediately take myself back into my room and hold the door.
“I could hear him running around going through the other rooms, taking pictures and slamming the door shut.
“There were no locks on the doors and at the time the main flat door had no lock either so I felt really unsafe and called the police.”
Brighton police took a crime report, but later discontinued the case because of a lack of CCTV or witnesses.
Meanwhile, Mr Junaid wrote several times to Baja asking for £3,000 to be returned to him for the five months he wasn’t living there.
His emails initially went unanswered, but after he filed the county court claim in June, Baja replied to say he would return rent if and when he found a replacement tenant.
Baja eventually offered £1,200, but Mr Junaid refused this, deciding to wait for his day in court. Baja did not attend the hearing.
After hearing Mr Junaid’s evidence, Deputy District Judge Teresa Hay said Baja’s behaviour on March 31 was sufficient to amount to intimidating or threatening behaviour.
She said: “A tenant is entitled to have peaceful enjoyment, free from that level of intimidation or harassment.
“Shadi Baja is not here to challenge Mr Junaid’s evidence. On that basis therefore, I find on the balance of probabilities that Mr Junaid has established that there has been a breach of contract.”
She awarded Mr Junaid £3,000 in damages. Mr Junaid is now waiting to instruct bailiffs.
I’m looking forward to see better regulation and support around private landlords and tenants. This civil matter didn’t need to happen whatsoever.
It is very common for the landlords to harass international students in Brighton.
Not the same Shadi Albaja from S.B Lets is it? As a landlord myself, this sort of behaviour is disgusting.
That’s the one!
There needs to be more pro-active monitoring of homes in multiple occupation. One of my relations was in a HMO in Portsmouth. The place was like a rabbit warren. It seemed impossible to get the substantial deposit returned. Phone calls and letters were ignored.
Having arranged to meet the landlord I travelled to Portsmouth, to find he was ‘indisposed’ but sent his son to explain that he was having trouble obtaining a cheque book from the bank.
As we were standing there I asked why there were no fire doors, no smoke alarms or emergency lighting. There was no means of escape from the upper floors either.
I told him that if I hadn’t received the deposit within the hour, my next stop would be to the council offices and the fire station. He phoned his father who happily was no longer indisposed and appeared with the cash in 15 minutes.