Substantial damages awarded for unlawful eviction

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.

Related Barristers: Emma Turnbull

Updates

Latest News

Our latest cases, upcoming events and news

cases
Home Office concedes civil penalty appeal in illegal working case
Allan Briddock and Osborne Clarke successfully represented a large construction company in an appeal against a civil penalty issued by the Home Office for alleged illegal employment.
Allan Briddock
news
Joseph Maggs's article “Licence revocation quashed in Moon Fish but reporting duties still stringent” published on Free Movement
​Joseph Maggs's new article on procedural fairness in the context of sponsor licence revocations has been published on Free Movement.
Joseph Maggs
cases
Joseph Maggs secures acquittal in three-handed robbery/handling stolen goods trial in the Youth Court
Joseph Maggs