Morayo Fagborun Bennett#1450

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.
Contributed to

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Acceptable behaviour contracts and local authorities
Acceptable behaviour contracts and local authorities
Practice Notes

This Practice Note explains what acceptable behaviour contracts (ABC) are and the circumstances in which they can be effective for use in managing anti-social behaviour in the community. Also covered are guidelines for holding a meeting to set-up an ABC, how to monitor and deal with breaches of the agreement.

Assignment and succession of tenancy
Assignment and succession of tenancy
Practice Notes

This Practice Note discusses assignment and succession of tenancy, with reference to the Housing Act 1985, the Localism Act 2011 and the Housing Act 1988. It explains that assignment of a secure periodic tenancy is prohibited except in three situations. With effect from 1 April 2012, a registered social landlord can include express provisions in their tenancy agreements granting additional succession rights for assured tenants.

Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs)
Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs)
Practice Notes

This Practice Note considers the principles and procedure for the issuing of protective costs orders (PCOs) in public law proceedings and judicial review costs capping orders (JRCCOs), which replaced PCOs for judicial review claims in 2016. It also explains the rules on costs for interveners in judicial review proceedings.

Introductory tenancy—obtaining possession
Introductory tenancy—obtaining possession
Practice Notes

An introductory tenancy can only be terminated by obtaining and executing a court order for possession. This Practice Note covers service of the Notice of Proceedings for Possession, the right to review and the effect of the proceedings on the tenancy.

Remaining independent—alternative accommodation for people developing care and support needs
Remaining independent—alternative accommodation for people developing care and support needs
Practice Notes

This Practice Note explains alternatives to residential care in circumstances where an adult is developing care and support needs covered by the Care Act 2014 (CA 2014). It focuses on the principles in CA 2014 which centre around facilitating independent living where possible and signposts alternative sources of accommodation.

Rent setting and regulation [Archived]
Rent setting and regulation [Archived]
Practice Notes

This Practice Note has been archived and is not maintained. This Practice Note discusses how the level of rent a tenant pays is calculated and determined for both public and private tenancies under assured, assured shorthold or Rent Act. The process for increasing rent, the appeals process and registering rent under a Rent Act tenancy, and issues of challenging an assured or assured shorthold rent are further discussed in this Practice Note.

Acceptable behaviour contract [Archived]
Acceptable behaviour contract [Archived]
Precedents

This Precedent has been archived and is not maintained. This Precedent is to be used when implementing an Acceptable Behaviour Contract (ABC), between a person engaging in anti-social behaviour and the relevant local agency. It is to be discussed, agreed and signed during an ABC meeting.

A former leaseholder carried out renovation works contrary to the terms of the commercial lease and
A former leaseholder carried out renovation works contrary to the terms of the commercial lease and
Q&A

This Q&A considers the rights when the assignee’s lease is forfeited because of a former leaseholder’s breach.

A is purchasing a freehold property which is subject to a long residential lease of the first floor. A
A is purchasing a freehold property which is subject to a long residential lease of the first floor. A
Q&A

This Q&A deals with the issues facing a freeholder landlord in terms of determining whether a tenant’s contributions to insurance and structural maintenance costs amount to a service charge and the issues that may arise with recovering such costs from the tenant.

A tenant of an AST has had to self-isolate for coronavirus (COVID-19) reasons. Can their landlord charge
A tenant of an AST has had to self-isolate for coronavirus (COVID-19) reasons. Can their landlord charge
Q&A

This Q&A considers whether a landlord is allowed to charge a tenant who was required to self-isolate as a result of coronavirus (COVID-19) for a professional deep clean at the end of their assured shorthold tenancy.

Does a landlord who has granted an assured shorthold tenancy have an obligation to provide a rent book or
Does a landlord who has granted an assured shorthold tenancy have an obligation to provide a rent book or
Q&A

This Q&A looks at whether a landlord, who has granted an assured shorthold tenancy, is obligated to provide a rent book or other form of statement to the tenant.

How do you quantify damages for a tenant's claim against a landlord, for the landlord's breach of section
How do you quantify damages for a tenant's claim against a landlord, for the landlord's breach of section
Q&A

This Q&A considers how you quantify damages for a tenant’s claim against a landlord, for the landlord's breach of section 11 of the Landlord and Tenant Act 1985.

If the landlord and tenant have agreed to exclude the tenancy from the LTA 1954 protections, but the
If the landlord and tenant have agreed to exclude the tenancy from the LTA 1954 protections, but the
Q&A

This Q&A deals with the question of whether a business tenancy which is contracted out of the provisions of the Landlord and Tenant Act 1954 (LTA 1954) so that the contractual term comes to an end at the end of the lease becomes a protected tenancy, if the tenant remains in occupation thereafter and continues to pay the rent reserved under the former lease.

What can a local authority (LA) do to ensure that works are carried out in respect of a category 1 or
What can a local authority (LA) do to ensure that works are carried out in respect of a category 1 or
Q&A

This Q&A considers the options a local authority has to ensure that works are carried out to remedy a category 1 or 2 hazard when faced with an uncooperative landlord.

What is the process and time limit for seeking a relief from forfeiture by consent of a long leasehold
What is the process and time limit for seeking a relief from forfeiture by consent of a long leasehold
Q&A

This Q&A considers the process and time limit for seeking a relief from forfeiture by consent of a long leasehold interest of a residential property.

When a landlord is serving counter-notice on a tenant following a LTA 1954, section 26 notice, is it
When a landlord is serving counter-notice on a tenant following a LTA 1954, section 26 notice, is it
Q&A

This Q&A considers whether it is detrimental for the Landlord to list several sections of section 30(1), eg (e), (f) and (g), in their opposition of a LTA 1954, s 26 notice.

Where a landlord wishes to oppose the renewal of a tenancy using section 30(f) of the Landlord and Tenant
Where a landlord wishes to oppose the renewal of a tenancy using section 30(f) of the Landlord and Tenant
Q&A

This Q&A looks at whether a landlord is authorise to oppose the renewal of a tenancy under section 30(f) of the Landlord and Tenant Act 1954 even though the landlord proposes to use a developer, whom the landlord intends to sell to, to carry out works. This Q&A also looks at whether the landlord will be entitled to join the developer as a third party to the action.

Where a notice under 5D of the LTA 1987 has been served on the qualifying tenants and this notice has now
Where a notice under 5D of the LTA 1987 has been served on the qualifying tenants and this notice has now
Q&A

This Q&A deals with the question of the procedure to be adopted where a landlord wishes to dispose of premises to a third party buyer after the expiry of an offer notice served under section 5D of LTA 1987 to qualifying tenants of flats which have not been accepted.

Will England’s statutory duties in relation to housing and social care still apply to EU citizens in
Will England’s statutory duties in relation to housing and social care still apply to EU citizens in
Q&A

This Q&A considers whether, in light of the Brexit England’s statutory duties in relation to housing and social care still apply to EU citizens.

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)

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