Substantial damages awarded for unlawful eviction

30 Jan 2025

A private tenant in his 60s has been awarded over £51,000 in damages after he was unlawfully evicted from his rented home. The tenant returned from holiday to discover that the locks had been changed by the landlord. He obtained a County Court injunction for reinstatement, but it was not complied with. An application to commit the landlord for failing to comply with the injunction was dismissed.

The tenant was awarded £32,300 in general damages, calculated at a rate of £300 for the first night when the tenant had to sleep on plastic chairs at a café, and £200 per night thereafter up to the date on which the tenant abandoned his claim to be reinstated.  The approach in Smith v Khan [2018] EWCA Civ 1137 was followed.

The court awarded £2,500 in Aggravated Damages noting the discomfort and indignity for a person of the tenant’s age, and £2,000 in Exemplary Damages, noting the element of design in the landlord’s actions. £2,705 were awarded in Special Damages for the loss of the tenant’s belongings. There was an additional amount under CPR 36.17, and interest was awarded at a rate of 4% per annum.

This case is a warning to all landlords to follow the correct procedure when taking back possession of a rented property. It also demonstrates the importance of a tenant continuing to seek reinstatement alongside a claim for damages.

Emma Turnbull was instructed by Springfield Law and Advice Centre.