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CHAPTER S
 
Harassment and unlawful eviction
Civil proceedings
 
An occupant who has been harassed or unlawfully evicted can rely on a number of causes of action in civil proceedings, in both contract and tort. These are outlined below. For a more detailed analysis of the law, see Arden, Brown and Madge-Wyld Quiet Enjoyment 8th edn (LAG, 2017).
In order to establish what causes of action occupants may have, it is necessary to consider their status in premises. See the earlier chapters in this book regarding security of tenure and the termination of agreements. Note that once an occupier is outside Housing Act protection the lease/licence distinction (section The distinction between tenancies and licences – generally) may not be important because protection under Protection from Eviction Act ss3 and 5 applies to licences and tenancies.
Contract
 
In contract, a claim may be brought for breach of express terms or implied terms, including the covenant of quiet enjoyment and the covenant not to derogate from grant.
The covenant of quiet enjoyment is implied into every tenancy. It requires a landlord not to interfere with a tenant’s lawful possession of the premises. Anything which is an invasion of a tenant’s right to remain in possession of premises undisturbed can amount to a breach of this coven-ant, even if there is no direct physical interference.
Tort
 
There are a number of torts that may be of relevance. These include nuis-ance, trespass to land, trespass to goods, trespass to the person, deceit, intimidation and breaches of: Protection from Harassment Act 1997 s3, Housing Act 1988 s27 (Housing Act 1988 ss27 and 28), Protection from Eviction Act 1977 s3 (Protection from Eviction Act 1977 (civil provisions)).
Nuisance arises where an activity or state of affairs exists on premises which unreasonably interferes with another’s use or enjoyment of land. The person affected must have a sufficient interest in the land to have a cause of action (eg, a tenant or licensee with exclusive possession).
Trespass to land is caused by any unlawful entry on to land or unlawful placing of something on to land. Tenants are entitled to exclusive possession of premises let and the unauthorised entry (or failure to leave or actions outside that for which permission to enter was granted) of any person constitutes a trespass. Landlords may be liable for trespass on premises of their own tenants (see Street v Mountford (Street v Mountford).
General
 
House of Lords
 
Southwark LBC v Mills; Southwark LBC v Tanner; Baxter v Camden LBC
[2001] 1 AC 1; [1999] 3 WLR 939; [1999] 4 All ER 449; [2000] LGR 138; [1999] 45 EG 179; (2000) 32 HLR 148; [2000] L&TR 159; (1999) Times 22 October, HL
 
Ordinary use of residential premises cannot amount to a nuisance; no breach of covenant of quiet enjoyment where sound insulation inadequate
Court of Appeal
 
Botu v Brent LBC
(2001) 33 HLR 151, CA
 
Eviction pursuant to court order not rendered unlawful when order subsequently set aside
Mr Botu was a secure tenant. In 1996 he was arrested and remanded in custody. On 14 July 1997, at a hearing which Mr Botu did not attend, Brent obtained an outright possession order which was then enforced. On 21 November 1997 Brent granted a new tenancy to a third party. Later Mr Botu succeeded in setting aside the possession order pursuant to CCR Order 37 (now see CPR 39.3) and on 3 July 1998 Brent granted him a new tenancy of an alternative property. He began proceedings against Brent for damages for breach of the implied covenant for quiet enjoyment for the period from 14 July 1997 to 3 July 1998. HHJ Hornby upheld the claim in relation to the period from 21 November 1997 until 3 July 1998, but rejected the claim for the earlier period. Brent appealed against the finding of liability and Mr Botu cross-appealed against the finding that breach of covenant prior to 21 November had not been established.
The Court of Appeal allowed Brent’s appeal and dismissed the cross-appeal. The case of Hillgate House Ltd v Expert Clothing Service and Sales Ltd [1987] 1 EGLR 65; (1987) 282 EG 715, ChD held that while an order of the court is in force it is to be obeyed, and acts done under it are lawful. Sir Nicholas Browne-Wilkinson V-C, dealing with a claim for breach of the covenant of quiet enjoyment, had decided that any interruption by the landlord acting under an order of the court had been lawful at the time it took place and could not retrospectively be made unlawful when the order was reversed on appeal. The present case was concerned with an order by a court setting aside its own earlier order. The two cases were indistinguishable.
Cowan v Chief Constable for Avon and Somerset Constabulary
[2001] EWCA Civ 1699; [2002] HLR 43; (2001) Times 11 December
 
Police did not owe duty of care to tenant to prevent unlawful eviction. Guidance on length of notice needed to terninate licence
Mr Cowan was an assured tenant. He received a letter from his landlord stating that he wanted him to leave. Several weeks later two men called at the property and told him that they would break his legs if he was not out of the property by 6 pm. Mr Cowan telephoned the police. Two officers called and told him to telephone again if the men returned. At about 6 pm Mr Cowan saw four men removing his belongings into the street. He called the police and the same two officers returned. The men told the police that they had bought the property and that Mr Cowan had been given notice to leave. The police advised both sides to seek legal advice and then left. Neither of the officers knew about the Protection from Eviction Act 1977. Mr Cowan brought proceedings against the chief constable, claiming that he was liable in negligence because the police officers failed to prevent an offence being committed. HHJ Jack dismissed the claim, finding that the officers owed no duty of care to Mr Cowan, but that if he was wrong, any duty had not been broken.
The Court of Appeal dismissed Mr Cowan’s appeal. It is only if a particular responsibility towards an individual arises, establishing a sufficiently close relationship, that the police may owe a duty of care to that individual. The trial judge was entitled to make the finding of fact that the police had attended to prevent a breach of the peace. The police fulfilled that purpose. They did not assume a responsibility towards Mr Cowan to prevent his eviction. Mere presence at the scene was not sufficient to give rise to the necessary special relationship. On the facts, the police did not assume any responsibility to prevent his eviction. Accordingly they owed no duty of care to Mr Cowan.
Gibson v Douglas
[2016] EWCA Civ 1266; [2017] HLR 11, 8 December 2016
Reasonable notice to terminate a licence was likely to be weeks not days, months or years; a person was not liable for an unlawful eviction if s/he took no active role in the eviction
Mrs Douglas owned and occupied a property. Mr Gibson lived there for some four or five years as a licensee. After some time, their ‘relationship blossom[ed] in the sense that they became … more than just landlady and tenant.’ Mrs Douglas’s health deteriorated and she developed advancing vascular dementia or Alzheimer’s of some nature which called into question her capacity to enter into legal relations. Towards the end of 2012, she went into hospital. Later, the hospital discharged her, but she did not want to go back to the property whilst Mr Gibson was there. Her son contacted the police who attended. As a result of the exchange with the police, Mr. Gibson was forcibly ejected from the property and was taken away in a police car. Although Mrs Douglas was nearby, Mr Gibson’s physical removal was effected by the police. He claimed damages for unlawful eviction against her son. It was common ground that Mr Gibson was not a tenant and that his licence was an ‘excluded licence’ within the meaning of Protection from Eviction Act 1977 s3A. Accordingly, he was not entitled to the statutory period of notice under Protection from Eviction Act 1977 s5. HHJ Wood QC dismissed the claim stating that he was not satisfied that the son’s role was anything more than simply a conduit of his mother’s wishes to the police. Mr Gibson appealed.
The Court of Appeal dismissed the appeal. Neither Mr Douglas, nor for that matter Mrs Douglas, took any active role in what happened. There was no need for HHJ Wood to come to any conclusion as to whether the eviction was unlawful, either for want of notice or because Mr Gibson was given inadequate time to pack up and go. However, Sir James Munby, President of the Family Division, added some comments about the length of notice which would have been needed at common law to terminate Mr Gibson’s licence, stating:
… it is clear law that, where the relevant period has not been specified by the licence itself, a licensee is entitled, following revocation of the licence, to whatever in all the circumstances is a reasonable time to remove himself and his possessions: see Minister of Health v Bellotti [1944] KB 298. … it is impossible to define the principle with any greater precision and undesirable that we attempt to do so. … At one end of the spectrum, the unwanted visitor who presents himself at the front door, is asked in but then told to go, must leave immediately, taking the quickest route back to the highway and not delaying; so his period of grace may be measured in minutes: see Robson v Hallett [1967] 2 QB 939. On the other hand, a period measured in years may in some cases be appropriate: see, for example, Parker v Parker [2003] EWHC 1846 (Ch), where the Earl of Macclesfield was held entitled to two years to leave the ancestral home, Shirburn Castle, which he had been occupying as a licensee for some ten years. … [I]n a case such as this [, it] depends on the circumstances. That said, I very much doubt that it would be a period measured in minutes, hours or even days. On the other hand, I can well imagine that it might typically be a period measured in weeks rather than months or years.’ [paras 20, 21].
Guppys (Bridport) Ltd v Brookling
(1984) 14 HLR 1; (1984) 269 EG 846, CA
 
Disruption caused by major building works amounted to nuisance
The local authority served notices on the landlord of a house in multiple occupation for works to be carried out. The landlord decided to convert the house into self-contained flats and carried out major building works while two tenants remained in occupation. The works caused serious disruption to the tenants and resulted in the disconnection of the electricity supply and removal of toilets and wash basins. The tenants were forced into leaving the property and were offered alternative accommodation by the local authority. The county court held that (1) the occupants were tenants (2) the facts amounted to a trespass and (3) the tenants were entitled to exemplary damages of £1,000.
The Court of Appeal dismissed an appeal by the landlord. The occupants were tenants: they had been described and treated as such and it was very difficult for a landlord to claim later that they were no more than licensees. Whether or not the landlord’s actions amounted to trespass, there clearly was a nuisance. The interferences with the comfort of the tenants went beyond what was reasonably necessary. It was open to a tenant to sue his own landlord in nuisance. Furthermore, there was evidence which justified the award of exemplary damages: the landlord’s motive to get rid of the tenants and make a profit; the failure to find alternative accommodation or to keep to a minimum the interference with the comfort and enjoyment of the premises and the breach of an undertaking given to the county court.
See also Mira v Aylmer Square Investments Ltd (Mira v Aylmer Square Investments Ltd)
Haniff v Robinson
[1993] QB 419; [1992] 3 WLR 875; [1993] 1 All ER 185; (1994) 26 HLR 386, CA
 
Eviction without using court bailiffs after possession order obtained unlawfulTimes 1 December, CA
A landlord, relying on Rent Act 1977 Sch 15 Case 11 (returning owner-occupier), obtained a possession order while a tenant was away on holiday. The tenant applied to set aside the possession order but, before the application could be heard, the landlord evicted her. The tenant claimed damages under Housing Act 1988 ss27 and 28. The landlord contended that the eviction was lawful because he had obtained a possession order.
The Court of Appeal held that a possession order made against a protected tenant can be executed only by issuing a warrant for possession directed to the bailiff (see CCR Order 26 r17(1) (now CPR 83.26)) and that to decide otherwise would have the result of depriving Rent Act 1977 s100 (the court’s power to suspend execution etc) of any value [see also Housing Act 1988 s9 and Housing Act 1985 s82]. The eviction was unlawful and the awards of damages made in the county court were upheld, namely £26,000 under sections 27 and 28, approximately £2,000 for aggravation of post-viral fatigue syndrome from which the tenant suffered, and £700 for loss of property. Rent arrears of approximately £4,000 were set off against these damages.
Note: In R (Sacupima) v Newham LBC (R (Sacupima) v Newham LBC) it was held that, where a court order was required to recover possession (in Sacupima, under Housing Act 1988 s5), the effect of CCR Order 26 r17 was that an order for possession was enforceable only by a warrant of possession. CCR Order 26 r17 has since been replaced by CPR 83.26, which is of the same effect.
Kenny v Preen
[1963] 1 QB 499; [1962] 3 WLR 1233; [1962] 3 All ER 814, CA
 
Covenant of quiet enjoyment can be breached without direct physical interference
A landlord sent letters to a tenant threatening physical eviction and removal of her belongings. He called at her room repeatedly, knocked on her door and shouted threats at her.
It was held that this course of action, which was a deliberate attempt to drive her out, amounted to breach of covenant for quiet enjoyment even though there was no direct physical interference with the tenant’s possession or enjoyment of the room. The landlord’s conduct had seriously interfered with her proper freedom of action in exercising her right to remain in possession undisturbed.
Khorasandjian v Bush
[1993] QB 727; [1993] 3 WLR 476; [1993] 3 All ER 669; (1993) 25 HLR 392, CA
 
Harassing telephone calls amounted to a nuisance of bare licensee
The plaintiff lived with her parents. The defendant pestered her with telephone calls to her at her parents’ home. He also stole her handbag so as to have a memento to keep and was sent to prison for making threats to kill her. However, he continued to behave aggressively towards her and to pester and harass.
It was held that the harassing telephone calls amounted to a nuisance because they interfered with the plaintiff’s ordinary and reasonable use of her home. The campaign of harassment was clearly intended to cause harm to the plaintiff and could be restrained quia timet (because some actionable event is likely to occur) by an injunction.
Note: In Hunter v Canary Wharf Ltd (Hunter v Canary Wharf Ltd) the House of Lords held that a licensee without exclusive occupation, such as a member of a tenant’s family, did not have a sufficient interest in land to found an action in private nuisance and overruled Khorasandjian to this extent. The plaintiff could now, however, rely on Protection from Harassment Act 1997.
Mafo v Adams
[1970] 1 QB 548; [1970] 2 WLR 72; [1969] 3 All ER 1404, CA
 
Landlord can be liable in tort of deceit
McCall v Abelesz
[1976] 1 QB 585; [1976] 2 WLR 151; [1976] 1 All ER 727; (1976) 31 P&CR 256, CA
 
The removal of the supply of gas and electricity amounted to a breach of the covenant for quiet enjoyment
Queensway Marketing Ltd v Associated Restaurants Ltd
[1988] 2 EGLR 49; [1988] 32 EG 41, CA
 
Erection of scaffolding could breach covenant of quite enjoyment
It was confirmed that the erection of scaffolding round a building may amount to breach of covenant for quiet enjoyment.
Sampson v Floyd
[1989] 2 EGLR 49; [1989] 33 EG 41, CA
 
Physical eviction not necessary for breach of covenant of quiet enjoyment
The plaintiff was the lessee of a chalet and a restaurant on a complex including a caravan park and holiday homes in Devon. The landlord refused to pay for a meal at the restaurant, ‘abused’ the tenant and there was an ‘exchange of fists’. After finding his ‘frightened wife hiding under a caravan’, the tenant left the property and recovered his possessions under police escort. The tenant issued proceedings and was awarded £11,364, which included £10,000 which he had paid for the lease, conveyancing costs and £750 for mental distress to himself and his wife.
The Court of Appeal dismissed the landlord’s appeal. There was no reason to disagree with the county court judge’s conclusions. Physical eviction is not necessary to constitute breach of covenant for quiet enjoyment. The award of damages was upheld.
Sampson v Hodson-Pressinger
[1981] 3 All ER 701; (1984) 12 HLR 40; (1982) 261 EG 891, CA
 
Landlord liable for leasing a flat where ordinary use would cause a nuisance
The plaintiff held a long lease of his flat. The freeholder then built a terrace on the flat roof above the flat. Use of the terrace by the lessee who later lived above the plaintiff caused nuisance which interfered with the plaintiff’s reasonable use and enjoyment of his premises. The plaintiff sued the successor in title to the original freeholder in nuisance. He was refused an injunction but awarded damages of £2,000.
The Court of Appeal dismissed the freeholder’s appeal. The upper flat had been leased in such a condition that its ordinary use would cause nuisance to the plaintiff. The purchaser of the freehold was legally in the same position as the original landlord and was liable both in nuisance and for breach of covenant for quiet enjoyment.
Smith v Nottinghamshire CC
(1981) Times 13 November, CA
 
Implied term in licence not to disturb students while studying
Law students in a hall of residence at Trent Polytechnic were disturbed by building works. They were unable to study in their rooms.
The Court of Appeal held that there was an implied term in their contractual licences that the council, which owned the halls of residence, would ‘do nothing without just cause to disturb the students from getting on with their studies in their rooms in reasonable quietude’.
Speiro Lechouritis v Goldmile Properties Ltd
[2003] EWCA Civ 49; [2003] 15 EG 143; [2003] 2 P&CR 1; [2003] L&TR 390
 
Covenant of quiet enjoyment not breached by a disturbance caused by necessary building works
A lease of a restaurant contained a covenant for quiet enjoyment in favour of the tenant and a covenant by the landlord to repair the parts of the building which were not the responsibility of the tenant. The landlord engaged contractors to clean the external walls and windows of the building and to repair the seals between the frames and the walls. The work was completed within six months but required scaffolding and sheeting to be fixed to the outside of the building. The tenant’s restaurant business was seriously disrupted. As a result the tenant made a claim against the landlord for loss of profit. A district judge dismissed the claim on the basis that the landlord was necessarily carrying out repairing obligations under the lease and that it took all reasonable steps to minimise the potential risks, and so there was no breach of the covenant for quiet enjoyment.
A circuit judge allowed the tenant’s appeal but the Court of Appeal allowed the landlord’s second appeal. The test adopted and applied by the district judge was right. The threshold for disturbance by repairs was all reasonable precautions rather than all possible precautions. The covenant of quiet enjoyment was qualified by the phrase ‘except as herein provided’ and the effect was that the ways in which the tenant’s quiet enjoyment could be disturbed included the execution of structural repairs and maintenance. The district judge was entitled to find that the landlord had taken all reasonable steps and his judgment was restored.
Compare Guppys (Bridport) Ltd v Brookling (Guppys (Bridport) Ltd v Brookling)
High Court
AA v Southwark LBC
[2014] EWHC 500 (QB), 14 October 2014
A local authority unlawfully evicted a tenant where it conspired to evict him without first obtaining permission to issue a warrant six years after the last possession order
Mr AA was a social housing tenant for 23 years. His rent was mainly paid by housing benefit, except for a small weekly shortfall which, by 2012, had risen to £18.59 per week. He accrued rent arrears since this shortfall was only paid in part and intermittently. By 2013, those arrears had reached £2,353.26. In November 2006, a possession order was made. Later, it was suspended by a succession of four orders, requiring Mr AA to meet his current weekly rent and pay off the arrears in small weekly instalments. Nothing was paid following the last of these orders and Southwark applied for the execution of a warrant for possession. When the warrant was executed, the entire contents of his flat including his passport, lap tops, papers, personal belongings and furniture were removed and taken to and destroyed in a refuse disposal facility without him being given any warning or opportunity to remove them. Mr AA made repeated unsuccessful attempts in the High Court and county court to regain possession and his belongings. He also made repeated unsuccessful attempts to discuss his predicament with various representatives of the council. For a period of over a year he was street homeless and without financial resources except for the use of a sofa or floor space in accommodation of friends for part of this period and financial assistance from those friends. He claimed reinstatement and damages for his unlawful eviction, unlawful homelessness and for the unlawful destruction of his possessions based on the torts of conspiracy, interference with goods, negligence and misfeasance in public office, breaches of the terms of his contractual tenancy and pursuant to the Human Rights Act 1998 under Article 8 ECHR.
HHJ Anthony Thornton QC, sitting as a deputy judge of the High Court, noted that a landlord must apply to a judge for permission to issue a warrant for possession if the original possession order was made more than six years previously, even if the order had been suspended by a judge on terms that had not been complied with in the intervening period (CCR Order 26 r5(1)(a) (now CPR 83.2); Hackney LBC v White (Hackney LBC v White)). He found that:
(1)The eviction was unlawful and an abuse of process both because the warrant was issued without the prior permission of the court and in the manner in which it was executed.
(2)Southwark’s officers conspired to evict Mr AA, seize and destroy his possessions and cause him harm and loss by unlawful means. This conspiracy was subsequently covered up by a further conspiracy which gave rise to abuse of process in the subsequent court proceedings and to a continuing deprivation of the claimant’s enjoyment of his tenancy and loss of his possessions.
(3)Three officers exercised their powers as public officers for an improper motive with the intention of harming Mr AA by having him evicted when there were no reasonable grounds for his eviction and by arranging for his possessions to be seized and destroyed unlawfully.
(4)Mr AA had, as a result, also been caused loss by Southwark’s negligence, by its breach of his right to the quiet enjoyment of his tenancy and as a result of the lack of respect shown to his private life; and
(5)Mr AA was entitled to substantial damages, including special or general damages, aggravated and exemplary damages, damages for breach of contract, damages for the various torts he had been subject to and equitable remuneration for the lost work stored on his hard drives, discs and memory sticks and for his lost photographs, as well as a remedy for the loss of his tenancy.
The remedies and damages to be awarded were to be dealt with at a second trial. However the parties reached an out of court settlement.
Protection from Eviction Act 1977 (civil provisions)
 
Breach of Protection from Eviction Act 1977 s3 gives rise to the tort of breach of statutory duty (Warder v Cooper [1970] 1 All ER 1112, CA). It applies where a landlord evicts an occupier whose tenancy or licence has come to an end, without obtaining a court order. It does not apply to excluded tenancies or licences as defined by section 3A, eg, where there is a resident landlord, the grant is not for money or money’s worth or the premises are a hostel provided by a council, a private registered provider of social housing or a registered social landlord. Furthermore, section 3 does not apply to tenancies or licences that are statutorily protected, as defined by section 8(1), eg Rent Act, assured and assured shorthold tenancies.
Section 3 (1) provides:
Where any premises have been let as a dwelling under a tenancy which is neither a statutorily protected tenancy nor an excluded tenancy and –
(a) the tenancy… has come to an end, but
(b) the occupier continues to reside in the premises…
it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises.’
An ‘occupier’ is any person lawfully residing in the premises at the termination of the former tenancy (s3(2)). Section 3(2B) provides that section 3(1) also applies to premises occupied as a dwelling under a licence, other than an excluded licence.
Section 5 prescribes that a notice to quit a non-excluded tenancy or licence must, among other requirements, be of at least 28 days. See Mannai Investment Co Ltd v Eagle Star Life Assurance Co LtdCroydon LBC v Tando for notices to quit.
Supreme Court (formerly House of Lords)
R (CN and ZH) v Lewisham LBC and Newham LBC
[2014] UKSC 62; [2015] AC 1259; [2014] 3 WLR 1548; [2015] 1 All ER 783; [2015] HLR 6, 12 November 2014
Accommodation licenced to homeless applicants under Housing Act 1996 s188(1) was not let as a dwelling so that the requirement for the landlord to obtain a court order before evicting the occupiers under Protection from Eviction Act 1977 did not applyTimes 28 June; 17 May 2006
CN and ZH were the children of applicants for accommodation under Housing Act 1996 Part 7. Both had been placed in ‘temporary accommodation’ by the authorities they had applied to under Housing Act 1996 188(1). The accommodation they occupied was governed by licence agreements that allowed the authority to terminate such agreements on a day’s notice and without the need for a court order. Both were required to leave their accommodation after the authorities decided that they were not owed a duty under Housing Act 1996 s193(2). Both applicants unsuccessfully judicially reviewed these decisions in the Court of Appeal on the basis that they occupied their accommodation as a dwelling and as a result the authorities were required to obtain a court order in accordance with Protection from Eviction Act 1977. They appealed to the Supreme Court.
The Supreme Court dismissed the appeal (Lord Neuberger and Lady Hale giving strong dissenting judgments) upholding Desnousse v Newham LBC (Desnousse v Newham LBC) and Mohamed v Manek (Mohamed v Manek and Kensington and Chelsea RLBC). The word ‘dwelling’ as a general rule suggests a more settled occupation than ‘residence’ and is to be equated with a person’s home. It also had to be construed by considering the purpose of the licence and the statutory context in which the accommodation had been provided, ie under the Housing Act 1996 Part 7 where temporary accommodation provided under section 188(1) does not prevent an applicant from being homeless, was not intended to last more than a month or so and an authority is free to move the applicant to another location. In this case, it was relevant that the licence was expressed to be a day-to-day or nightly licence which recognised that the authority may require the applicant to transfer to alternative accommodation at short notice. Finally, the requirement to obtain a court order before evicting someone from such accommodation would significantly hamper the operation by the authorities of the statutory scheme under Housing Act 1996. An authority would not be able to transfer an applicant from one location to another without either his or her consent or, alternatively, the obtaining of a court order. There is little purpose in a requiring court proceedings to recover possession because it is difficult to see what defence a homeless person could advance where s/he can challenge a decision that she is not entitled to accommodation under section 193(2), by way of review and appeal to the court. Nor does Article 8 require that a court order be obtained because Housing Act 1996 s204 should be interpreted so as to empower the county court
to assess the issue of proportionality of a proposed eviction following an adverse section 184 or 202 decision (if the issue is raised) and resolve any relevant dispute of fact in a section 204 appeal. As there is no other domestic provision involving the court in the repossession of the accommodation after an adverse decision, the section 204 appeal, which reviews the authority’s decision on eligibility for assistance, is the obvious place for the occupier of the temporary accommodation to raise the issue of the proportionality of the withdrawal of the accommodation.
Court of Appeal
 
Brennan v Lambeth LBC
(1998) 30 HLR 481, CA
 
Provision enabling residents (homeless applicants) to be moved from room to room resulted in licence; accommodation was a ‘hostel’ within Protection from Eviction Act 1977 s3A(8)
Brillouet v Landless
(1996) 28 HLR 836, CA
 
Hotel resident does not occupy premises ‘let as a dwelling’ and Protection from Eviction ActS 1977 s3 does not apply
Desnousse v Newham LBC
[2006] EWCA Civ 547; [2006] 1 QB 831; [2006] 3 WLR 349; [2007] 2 All ER 218; [2006] HLR 38; [2007] LGR 368; (2006) Times 28 June, 17 May 2006
 
Licence of accommodation of homeless applicant under Housing Act 1996 s190 not protected under Protection from Eviction Act 1977
Mrs Desnousse applied to Newham as a homeless person under Housing Act 1996 Part 7. After being accommodated in bed and breakfast accommodation, she was granted a licence of self-contained accommodation owned by Veni Properties Ltd and managed by Paddington Churches Housing Association on behalf of Newham. Five months later Newham decided that Mrs Desnousse was intentionally homeless and informed her that her accommodation booking would be cancelled four weeks later. When Mrs Desnousse discovered that Veni was planning to evict her summarily she obtained an interim injunction restraining Veni from evicting her without a court order. However, at trial, following Mohamed v Manek and Kensington and Chelsea RLBC (Mohamed v Manek and Kensington and Chelsea RLBC), HHJ Roberts dismissed her claim.
The Court of Appeal dismissed Mrs Desnousse’s appeal (Lloyd LJ dissenting). All three judges held that Manek was binding authority that Protection from Eviction Act 1977 s3(2B) does not apply to a licence of accommodation secured for a homeless person in discharge of its duty under section 188(1) or 190(2)(a). Mrs Desnousse’s case did not fall within any of the exceptions in Manek. The accommodation was not ‘let as a dwelling’. It was not necessary to decide the position in relation to tenancies of such accommodation. Tuckey and Pill LJJ both held that, once a decision has been taken that no duty is owed, local authorities should not have to take proceedings to evict any applicant who refuses to vacate. They rejected Mrs Desnousse’s submission that a reading of Protection From Eviction Act s3 that did not allow it to extend to the recovery of possession from someone in her position was incompatible with Article 8 ECHR.
Note: this decision was upheld by the Supreme Court in R (CN and ZH) v Lewisham LBC (R (CN and ZH) v Lewisham LBC and Newham LBC).
McCall v Abelesz
[1976] 1 QB 585; [1976] 2 WLR 151; [1976] 1 All ER 727; (1976) 31 P&CR 256, CA
 
Breach of Protection from Eviction Act 1977 s1(3) does not give rise to civil cause of action; implied covenant to supply gas and electricity
A landlord failed to pay the gas bill for the house where the claimant tenant lived and the gas board disconnected the gas supply. For a time the electricity and water supplies were also cut off. The tenant brought county court proceedings claiming damages solely under Rent Act 1965 s30(2) (the precursor of Protection from Eviction Act 1977 s1(3), unlawful harassment).
The Court of Appeal held that section 30(2) did not give rise to a civil remedy for damages for harassment in addition to imposing a criminal sanction. The tenant should have sued for breach of the implied covenant to supply gas and electricity and the covenant for quiet enjoyment.
Mohamed v Manek and Kensington and Chelsea RLBC
(1995) 27 HLR 439; (1995) 94 LGR 211, CA
 
Temporary accommodation of homeless applicants not covered by Protection from Eviction Act 1977 s3
A homeless applicant was booked into Mr Manek’s hotel by the council pending enquiries into his application. Three days later the council notified the applicant of its decision that he was not in priority need and that his booking was terminated. It was made clear that the applicant would be excluded from the hotel and he applied for an injunction to prevent either the hotelier or the council from evicting him without a court order obtained in proceedings for possession (Protection from Eviction Act 1977 s3(2B)).
Allowing the council’s appeal against an injunction granted in the county court, the Court of Appeal held that (a) the Protection from Eviction Act 1977 was not intended to apply to temporary housing provided by local authorities under Housing Act 1985 s63 (now Housing Act 1996 s188) and (b) temporary accommodation in a hotel or hostel could not be ‘premises occupied as a dwelling under a licence’ for the purposes of section 3(2B).
Note: This decision was upheld by the Supreme Court in R (CN and ZH) v Lewisham LBC and Newham LBC (R (CN and ZH) v Lewisham LBC and Newham LBC).
National Trust for Places of Historic Interest v Knipe
[1997] 4 All ER 627; (1998) 30 HLR 449; [1997] 2 EGLR 9, CA
 
Agricultural holding not ‘let as a dwelling’ and Protection from Eviction Act 1977 s5 did not apply
Pirabakaran v Patel
[2006] EWCA Civ 685; [2006] 1 WLR 3112; [2006] 4 All ER 506; [2006] HLR 39; [2006] L&TR 24; (2006) Times 19 July, 26 May 2006
 
Mixed residential/business premises covered by Protection from Eviction Act 1977 s2
The claimant landlords let premises which comprised a shop on the ground floor and a residential flat on the first floor to Mr Pirabakaran. He lived in the flat. He fell into arrears and the landlords exercised their right of re-entry to forfeit the lease by taking possession of the shop premises. Mr Pirabakaran continued to live in the flat and so the landlords began possession proceedings, claiming that as a result of their re-entry, the lease had become forfeit. Later the landlords excluded Mr Pirabakaran from the flat. He issued a claim for an injunction against the landlord, relying on Protection from Eviction Act 1977 s2 and claiming that the purported forfeiture of the lease was unlawful. HHJ Oppenheimer found that the demised premises were not let ‘as a dwelling’, that accordingly the landlords were not constrained by section 2 and that therefore the lease had been lawfully forfeited.
The Court of Appeal allowed an appeal. After extensive consideration of the Rent Acts and the effect of the Protection from Eviction Act s8, it held that the phrase ‘let as a dwelling’ in section 2 means ‘let wholly or partly as a dwelling’. It therefore applies to premises which are let for mixed residential and business purposes. Furthermore, Article 8 supports this interpretation.
Sumeghova v McMahon
[2002] EWCA Civ 1581; [2003] HLR 26; (2002) Times 6 November
 
Excluded tenancy where landlord shared accommodation temporarily with tenant
The defendant granted the claimant a tenancy of a room in a house in April 1998. In August 1998 he informed the tenant that he needed her to vacate the room on 9 September 1998. On 18 September 1998 he evicted her and threw her belongings on to the pavement outside. In a claim for unlawful eviction, the defendant maintained that he had lived in the same house as the tenant throughout the period of her tenancy, using one room as a living room and another room as a bedroom. His defence was that the tenancy was an excluded tenancy under Protection from Eviction Act 1977 s3A(2) because the tenant had shared accommodation with him and, immediately before the tenancy was granted and at the time it came to an end, he occupied part of those premises as his only or principal home. Recorder Hurst found that although the accommodation was shared both immediately before the tenancy was granted and at the time it came to an end, this was a ‘temporary arrangement’ and that the landlord’s principal residence was in the house next door. As a result the tenancy was not an excluded tenancy. The defendant appealed, complaining that the judge had made no finding as to when he started to sleep in the premises.
The Court of Appeal allowed the defendant’s appeal. The defendant was using the premises as his only or principal home in April and September even though it may have been a temporary arrangement. The place where a person sleeps is of the utmost importance. Circumstances may well arise where that would not be a decisive factor but it is a matter which would influence any court considerably. Having rejected the judge’s finding in relation to the ‘temporary arrangement’ on which he had relied, it was necessary for the court to consider whether the property was the defendant’s only or principal home in April and September 1998. In the circumstances, it was clear that it was his only or principal home and that the tenancy was therefore excluded.
High Court
 
Dacorum BC v Bucknall
[2017] EWHC 2094, 10 August 2017
 
Non-secure licence of accommodation provided under Housing Act 1996 s193(2) would be a dwelling if occupier is told that he or she can stay in the property for the time being while alternative accommodation is found
Ms Bucknall applied to Dacorum for homelessness assistance. In February 2014, Dacorum provided her with a non-secure licence of accommodation under Housing Act 1996 s188(1) pending the outcome of its enquiries into her homelessness. In September 2014, Dacorum subsequently decided that it was obliged to secure that accommodation was available to her under Housing Act 1996 s193(2) because she had a priority need and had not become homeless intentionally. The council wrote to Ms Bucknall stating that in time she would be made an offer of suitable accommodation in the private sector, but for the time being it would perform its duty by allowing her to remain in the property she occupied. In February 2015, Ms Bucknall rejected an offer of accommodation on the grounds that it was not suitable. Dacorum decided on a review that the property was suitable and served a notice to quit to determine Ms Bucknall’s licence. The notice to quit did not, however, contain the prescribed information required by Protection from Eviction Act 1977 s5. Dacorum subsequently obtained a possession order in the county court after successfully arguing that as the property had not been let as a dwelling the prescribed information did not need to be contained within the notice to quit. Ms Bucknall appealed.
Popplewell J allowed the appeal. The fact that the property had not initially been let as a dwelling (as it was provided pursuant to Housing Act 1996 s188(1)) was irrelevant as Dacorum’s letter to Ms Bucknall in September 2014 had changed the purpose of the dwelling. The focus therefore had to be on the purpose of the letting after Dacorum had accepted that it owed the main homeless duty. While it did not automatically follow that accommodation being provided pursuant to the full housing duty is automatically to be treated as being occupied as a dwelling:
[41]… [I]f the occupant is permitted to stay in the accommodation for an indefinite further period, that is likely to lead to the conclusion that the continued occupation is as a dwelling, notwithstanding any avowed intention by the local authority to offer him or her another property at some uncertain point in the future. If the occupier is told that he or she can stay in the property for the time being pursuant to the local authority’s acceptance that it must house them, they are justified in treating it as their home if they stay for more than a short period. It is the indefinite nature of the period of continued occupation offered which matters. It might be very lengthy, because it need not in fact be followed by an offer of other accommodation in order to fulfil the full housing duty, even if there is an avowed intention to do so. … That is what entitles the occupant to treat it as having the degree of settled residence as a home which makes it a ‘dwelling’.
Polarpark Enterprises Inc v Allason
[2007] EWHC (Ch) 1088; [2008] L&TR6; [2008] 1 P&CR 4; [2007] 2 EGLR 85; (2007) Times 26 June, 18 April 2007
 
Licence was for money’s worth where licensee was to keep the premises repaired and insured; possession order could only be enforced in the county court
Rogerson v Wigan MBC
[2004] EWHC (QB) 1677; [2005] HLR 10; [2005] LGR 549
 
Licence in council-run hostel excluded under Protection from Eviction Act 1977 s3A; accommodation provided to a homeless applicant which is no longer referable to the temporary accommodation duty is ‘a dwelling’ for the purposes of section 3
In November 2002 the council accepted that it owed the claimant a duty to provide interim accommodation under Housing Act 1996 s188 pending a decision on his homelessness application. It placed him and his partner in a room in its ‘hostel’ for the homeless. This was not a purpose-built hostel but a building constructed as a block of flats. There were seven two-bedroom flats, a single-bedroomed flat and a warden’s flat on the ground floor. Each flat contained bedrooms as well as a living room, kitchen and bathroom. Residents were allocated bedrooms (with their own locks) but shared the facilities of the flat with other residents. The terms of occupation included a nightly curfew, a prohibition on alcohol and drugs and a facility enabling the occupier to be required to move from one flat or bedroom to another. The warden had a master key for all the flats and bedrooms. The licence agreement provided for seven days’ notice. The day after the claimant moved in, the council accepted that it owed him the full housing duty (Housing Act 1996 s193). He remained in occupation of the hostel. On 17 February 2003 he was evicted on the expiry of ten days’ notice given by the council following an investigation into alleged breach of the licence conditions. He asserted that the Protection from Eviction Act 1977 required the council to give a minimum of four weeks’ notice (s5) and to obtain a court order for possession (s3). He brought a claim for damages for unlawful eviction. The council contended that either: (1) the licence of the hostel accommodation was expressly excluded from protection by section 3A(8) or; (2) the premises did not constitute a ‘dwelling’ protected by sections 3 and 5 because they had only been provided as stop-gap housing for a homeless person (see Mohamed v Manek and Kensington and Chelsea RLBC (Mohamed v Manek and Kensington and Chelsea RLBC). HHJ McMillan accepted both of the council’s defences and dismissed the claim.
On appeal, Elias J held that the hostel met the statutory definition of a hostel in Housing Act 1985 s622 in that it provided residential accommodation with facilities for preparation of food ‘otherwise than in separate or self-contained sets of premises’. The sharing requirement in the licence agreement prevented the accommodation occupied by the claimant from being ‘separate’. The claimant’s own bedroom did not amount to separate ‘residential accommodation’ and although the flats were self-contained it was ‘not appropriate to describe someone as being in separate accommodation if they are being compelled to share some of the facilities with someone they have not chosen’ [26]. Because the hostel was provided by the council, the licence was excluded from protection by section 3A(8) and there had not been an unlawful eviction. However, if the premises had not been a council-provided hostel, the licence would not have been excluded although the premises may not have been a dwelling as it was being used for temporary accommodation.
West Wiltshire DC v Snelgrove
(1998) 30 HLR 57, DC
 
Occupier excluded from protection by section 3A as grant was otherwise than for money’s worth
Housing Act 1988 ss27 and 28
 
Housing Act 1988 s27 creates a cause of action in tort against a landlord where the landlord, or anyone acting on his or her behalf, ‘unlawfully deprives the residential occupier of any premises of his occupation of the whole or the part of the premises’ (s27(1)). The tort also applies where a residential occupier gives up occupation of premises as a result of conduct falling short of an actual eviction (see s27(2)).
A ‘residential occupier’ has the same meaning as in Protection From Eviction Act 1977 s1 (s27(9)(a)).
A landlord means ‘the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises’ (s27(9)(c)).
The liability is in addition to any liability arising apart from section 27 (s27(4)) but damages are not be awarded both in respect of a liability for loss of a right to occupy premises as a residence and in respect of a liability arising under section 27 (s27(5)).
No liability arises if the occupier is reinstated in the premises before proceedings are finally disposed of, whether by court order or otherwise (s27(6)).
Damages can be reduced under section 27(7) where:
(a)the residential occupier’s conduct prior to eviction was such that it is reasonable to mitigate the damages; or
(b)the residential occupier unreasonably refuses an offer of reinstatement made prior to the commencement of proceedings.
It is a defence if the landlord proves that he or she believed, and had reasonable cause to believe, that the residential occupier had abandoned the premises or, in relation to section 27(2), the landlord had reasonable grounds for withholding or withdrawing services (s27(8)).
Section 27 is modelled on Protection from Eviction Act 1977 s1 (which creates criminal offences relating to unlawful eviction and harassment) and case-law relating to those offences may be relevant to section 27 (eg, cases concerning the constituent elements of unlawful eviction and defences).
The real significance of section 27 is not the scope of the cause of action, which is narrower than the covenant for quiet enjoyment (although applying to a wider class of occupant), but the way in which damages are to be assessed. Section 28 provides that the basis for the assessment of damages is the difference, at the time immediately before the residential occupier left the premises, between the value of the landlord’s interest with, and the value of the landlord’s interest without, the residential occupier in occupation. It is, therefore, essential in all cases brought under section 28 to produce expert evidence from a valuer. The status of the residential occupier and the use of the rest of the landlord’s premises (if any) will be very relevant to the valuation exercise.
Supreme Court (formerly House of Lords)
Loveridge v Lambeth LBC
[2014] UKSC 65; [2014] 1 WLR 4516; [2015] 1 All ER 513; [2015] HLR 12; [2015] L&TR 20; [2014] Times, December 11, 3 December 2014
The valuation of a property in which one of the flats was occupied by a secure tenant under section 28 was to be based on the tenant occupying his flat as a secure tenant
Mr Loveridge was a secure tenant of a one-bedroom flat. The tenancy agreement included a term that he would notify Lambeth if he was absent from the property for more than eight weeks. In July 2009, he left for a lengthy visit to Ghana. He did not return until December 2009. He did not inform Lambeth of his absence. In September 2009, Lambeth forced entry. The council cleared out his possessions and re-let the flat. Mr Loveridge brought a claim for unlawful eviction and wrongful disposal of his possessions. He argued that, rather than common law damages, he was entitled to statutory damages under Housing Act 1988 s28, in the sum of £90,500. Lambeth contended that his statutory damages were nil and that he was only entitled to common law damages. The valuation evidence for Lambeth proceeded on the basis that the notional open market sale would result in the occupier becoming an assured tenant and that would have no impact on the price that a private purchaser would pay. This was not disputed by Mr Loveridge’s valuer, but he assumed that the purchaser should be deemed to take the building subject to an ongoing secure tenancy. HHJ Blunsdon found for Mr Loveridge. Lambeth appealed successfully to the Court of Appeal.
The Supreme Court unanimously allowed Mr Loveridge’s further appeal. The words of section 27 are wide enough to cover local authority landlords. Section 28(1) requires the court to make two valuations of the landlord’s interest. Valuation (a) is based on the assumption that the tenant continues to have the same right to occupy the premises, and the landlord continues to be subject to the same restrictions on recovering possession, as before the eviction occurred. Valuation (b) is based on the assumption that the tenant’s right to occupy and the restrictions on recovering possession have ceased. The issue in this case was whether the valuation of both the upstairs and downstairs flats (for valuation (a)) and of the upstairs flat (for valuation (b)) should be conducted on the assumption that they were subject to secure tenancies or to assured tenancies. Prior to eviction, Mr Loveridge’s right to occupy the downstairs flat was that of a secure tenant. The notional exercise required by section 28(3)(a) did not extend to making adjustments to the nature of the tenants’ rights that were consequent upon sale. Such adjustments are barred by section 28(1)(a) which stipulates that the ‘same right’ continues. The likely effect upon a secure tenancy of a sale to a private landlord should not therefore be taken into account.
Court of Appeal
 
Abbott v Bayley
(2000) 32 HLR 72 CA
 
Landlord liable under section 27(2) although tenant not physically excluded; damages in addition to section 28 damages
Mr Bayley owned a two-bedroomed flat. In September 1994 he granted Mr Abbott an assured (non-shorthold) tenancy of one bedroom with shared use of the sitting room, kitchen and bathroom. In January 1995 Mr Bayley wrote to Mr Abbott asking him to leave. The landlord purported to let the whole of the flat to two other people and in February 1995 Mr Abbott returned from holiday to find the new tenants in the flat and one of them occupying his bedroom. Mr Abbott was allowed back into his bedroom and for three months all three lived in the flat, with one of the new tenants sleeping on the sofa in the sitting room. In a telephone conversation Mr Bayley was threatening and abusive to Mr Abbott and in March 1995 Mr Bayley’s father threatened forcibly to evict Mr Abbott and his belongings. Mr Abbott could not stand the unpleasant social and physical conditions and on 2 May 1995 he left and brought a claim for damages. HHJ Green QC awarded damages of £6,750 plus interest under Housing Act 1988 s27, and £2,050 for breach of the covenant for quiet enjoyment.
Mr Bayley appealed, contending that section 27 only applies where ‘the seriousness of the landlord’s conduct is established to a high degree and where he makes the tenant’s position so intolerable that he is driven out of the property’. The Court of Appeal rejected that submission. The judge had been correct in finding that the landlord’s letter asking Mr Abbott to leave and unwarranted and offensive remarks in letters did not amount to acts likely to interfere with his peace and comfort. However, the judge had also been correct in finding that the purported letting of the entire flat, including Mr Abbott’s bedroom, and the threat by Mr Bayley’s father did come within section 27. Section 27 did not require a landlord’s conduct to have been of such a degree as to have made a tenant’s continued occupation intolerable. The appeal was dismissed.
Francis v Brown
(1998) 30 HLR 143, CA
 
Intended purchaser is not a landlord for the purposes of section 27(9)(c)
A landlord and her daughter unlawfully evicted the plaintiff. The daughter was convicted of an offence under Protection from Eviction Act 1977 s1(2), fined and ordered to pay compensation of £2,500 and costs. The tenant brought county court proceedings for damages against both the landlord and her daughter. The judge awarded damages under sections 27/28 of £40,000 against the daughter. He found that, although there was no contract for sale, it had been the intention of both defendants that the freehold interest was to be conveyed from the mother to the daughter and that, following Jones v Miah (Jones v Miah), the daughter was the landlord within the meaning of Housing Act 1988 s27(9)(c) because she was ‘entitled to occupation of the premises’. He indicated that, if he had not awarded such damages, he would have awarded ‘aggravated damages’ against the daughter in the same sum. He awarded ‘aggravated damages’ of £40,000 against the mother. He awarded £1,500 special damages and £1,000 ‘exemplary damages’ against both defendants.
The Court of Appeal allowed the daughter’s appeal.
1)The county court judge had confused aggravated damages with exemplary damages. References by the judge to aggravated damages were to be read as exemplary damages and vice versa.
2)The award of sections 27/28 damages was set aside because there was no evidence that the intention to transfer the freehold had been translated into a right of occupation.
3)The judge’s indication that, if he had not awarded sections 27/28 damages of £40,000, he would have awarded exemplary damages against the daughter in the same sum was criticised. In Broome v Cassell and Co [1972] AC 1027, the House of Lords held that awards of punitive damages against joint tortfeasors should reflect the lowest figure for which any of the defendants could be held liable. No exemplary damages could be awarded against the mother since she had not intended to profit from the eviction and therefore no exemplary damages could be awarded against the daughter. £40,000 was, on any view, a wholly excessive sum to award here by way of exemplary damages, even had there been no award against the mother.
4)Per Sir Iain Glidewell: Sections 27/28 provide a mechanism by which the award of damages may deprive the landlord of any increase in value of the property which has resulted from the eviction ‘… where damages have been awarded to the tenant against the landlord under sections 27 and 28, there is no place for a further award of exemplary damages against either the landlord or against the person who assisted her in the eviction…’. However, that principle does not prevent the award of aggravated damages.
The total award of damages against the daughter was reduced to £2,500.
Note: The type of tenancy granted to the claimant is not expressed in the judgment. The background to this case was that the mother was no longer in the UK and any award against her was unlikely to be enforceable.
Haniff v Robinson
[1993] QB 419; [1992] 3 WLR 875; [1993] 1 All ER 185; (1994) 26 HLR 386, CA
 
Section 27 applied where eviction took place following possession order but without using court bailiffs
Jones v Miah
(1992) 24 HLR 578; [1992] 2 EGLR 50, CA
 
Purchasers let into occupation prior to completion were ‘landlords’
Two tenants were ‘brutally evicted’ on 18 October 1988, not by the owners of the property but by purchasers of a leasehold term, who were let into occupation as licensees before completion of the sale. The tenants brought proceedings under s27 for damages against the purchasers.
The Court of Appeal held that the purchasers came within the definition of ‘landlord’ in section 27(9)(c). They became the owners in equity of the leasehold term when they entered into the contract to purchase it and, pursuant to a provision in the contract under condition 8 of the National Conditions of Sale, were let into occupation by the vendors before completion. The court rejected a submission made on behalf of the defendants that sections 27 and 28 are criminal in nature and that, since the sections operated retrospectively, they were void under EEC law. (The Act received royal assent on 15 November 1988, but sections 27 and 28 are expressed to take effect from 9 June 1988.) However, the damages awarded were reduced because of defects in the valuation evidence.
Kalas v Farmer
[2010] EWCA Civ 108; [2010] HLR 25, 29 January 2010
 
Tenant had not abandoned premises, despite his imprisonment, and sections 28 damages awarded against landlord who sold with vacant possession
Mr Kalas was an assured tenant of Mr Farmer. While Mr Kalas was away from the property, Mr Farmer changed the locks and moved in. Mr Kalas was able to regain entry, but not long after he was sentenced to a term of imprisonment. While he was in prison, Mr Farmer re-entered the property and sold it with vacant possession. Mr Kalas issued proceedings for damages under Housing Act 1988 s27. Mr Farmer defended, arguing that he believed that the property had been abandoned, although his defence did not refer to section 27(7)(a). Leighton Williams QC, sitting as a Deputy High Court Judge, found that Mr Kalas had not abandoned the premises and that Mr Farmer had no reasonable grounds for believing that he had done so. He was ordered to pay damages of £49,500, less a set-off for unpaid rent and costs on an indemnity basis. Mr Farmer appealed to the Court of Appeal.
The Court of Appeal dismissed the appeal. There was an evidential basis for the judge’s finding of fact that Mr Kalas had not abandoned the premises or surrendered his tenancy. There was no basis on which Mr Farmer could properly argue that he had reasonable cause to believe that Mr Kalas had done so. Nor had Mr Farmer, in his pleadings or at trial, argued that damages should be reduced by virtue of s27(7)(a). Finally, there was ‘ample justification’ to award costs on the indemnity basis.
Kaur v Gill
(1995) Times 15 June, CA
 
Damages other than for the loss of the right to occupy not to be set off against s28 damages
HHJ Orme awarded common-law damages of £500 for breach of covenant for quiet enjoyment and £15,000 statutory damages under Housing Act 1988 ss27/28. The landlord appealed, contending that, in view of the decision of the Court of Appeal in Nwokorie v Mason (Nwokorie v Mason), the common-law damages should have been set off against the statutory damages.
The Court of Appeal dismissed the appeal, distinguishing Nwokorie v Mason on the basis that in Kaur the common-law damages had not been awarded for any loss of right to occupy, but rather for breaches of the covenant for quiet enjoyment.
King v Jackson
(1998) 30 HLR 541; [1998] 1 EGLR 30; [1998] 03 EG 138, CA
 
Assessment of damages under s28 to take account of a tenant’s right to occupy being limited by her agreement to leave
A landlord let a flat to a tenant on an assured shorthold tenancy on 20 March 1994. The tenant later orally gave four weeks’ notice to quit, expiring on 12 May 1994. The landlord agreed to this. The landlady advertised the room and showed round a prospective new tenant. On 5 May the landlady wrote to the tenant asking her to leave that day as she was in arrears of rent. The next day the landlord changed the locks when the tenant was out. The premises were let to the new tenant at the same rent. The tenant who was evicted sued for unlawful eviction and breach of covenant of quiet enjoyment. The judge assessed damages under Housing Act 1988 ss27/28 as the difference between the tenanted value and the value with vacant possession and awarded £11,000 in accordance with the valuation evidence. The landlord appealed.
The Court of Appeal allowed the appeal. The tenant had an assured shorthold tenancy but the landlord had relied on the conversation with the tenant to the effect that she would vacate the flat. But for this, she would have begun proceedings for possession and the tenant would have been estopped if she had sought to resile from her agreement. Accordingly, even though there was an agreed valuation difference of £11,000 between the vacant possession and tenanted value, it was based on a right to occupy which did not exist. The award of £11,000 damages for a right of six days’ occupation was manifestly wrong. The Court of Appeal rejected the tenant’s contention that it was not possible to look behind the valuation.
Melville v Bruton
(1997) 29 HLR 319, CA
 
No damages under sections 27/28 for assured shorthold tenant
The plaintiff was an assured shorthold tenant. She was unlawfully evicted when the landlord changed the locks. She claimed statutory damages under sections 27/28 and common-law damages. Valuation evidence was given in which both valuers had assumed that there was vacant possession throughout the property. They disregarded two other tenancies which had been granted in breach of a restrictive covenant against user of the premises except as a private dwelling-house in single occupation.
The Court of Appeal held that this notional approach was wrong. The valuation evidence should have taken into account the other tenancies and, had that been the case, the evidence was that there would have been no increase in value to the landlord as a result of the eviction. Ordinarily, where premises are let at a market rent on a shorthold tenancy, it is difficult to see why there should be any significant difference in value for the purposes of section 28. Where a tenant is wrongfully evicted, but the eviction makes no difference to the value of the landlord’s interest in the property, no damages can be awarded under sections 27/28.
Murray v Aslam
(1995) 27 HLR 284, CA
 
Award of section 28 damages set aside where it was doubtful that the landlord’s actions had caused the tenant’s departure (s27(2))
The landlord excluded the tenant by changing the locks and putting her possessions into the street. The tenant and her son had to wait in the rain for two hours before police persuaded the landlord to let her back in. Her possessions were damaged and her son was ill. Although the landlord did not harass her further, she left two weeks later. She commenced proceedings under section 27. The landlord did not file or serve a defence and judgment was entered in default. Although the landlord was informed of the date for assessment of damages, he did not attend. The tenant was awarded special damages of £5,703 and damages assessed under section 28 of £34,560. An application to set aside the judgment was refused and the landlord appealed.
The Court of Appeal considered that it was highly questionable whether the case fell within section 27. The landlord had a strong argument that the tenant had been reinstated and should be allowed to defend the action. The award of damages under sections 27/28 was set aside. However, the award of special damages was allowed to stand and the tenant was awarded the costs of the appeal.
Nwokorie v Mason
(1994) 26 HLR 60; [1994] 1 EGLR 59; [1994] 05 EG 155, CA
 
Set-off of damages
The plaintiff occupied a room in a shared house with a resident landlord. His status at that time was such that he was entitled to 28 days’ notice to quit and could not be evicted without a court order. After a series of disagreements, the landlord gave the plaintiff 14 days’ notice to leave and then evicted him, placing his belongings in black dustbin bags. At first instance the plaintiff was awarded damages of £6,000, comprising general damages of £500, exemplary damages of £1,000 and damages of £4,500 under ss27/28.
The Court of Appeal allowed the appeal in part. It was not open to the court to interfere with the award of £4,500 under sections 27/28. However, in the context of the case, the general damages were essentially damages for the loss of the right of occupation and should be set off against the sections 27/28 damages (s27(5)). It was accepted that the landlord had not acted for financial gain and it was not appropriate to award exemplary damages. However, the landlord had acted in a way to humiliate the plaintiff and the award of exemplary damages should be treated as an award of aggravated damages. Such damages were also for the loss of the right of occupation and were similarly to be set off. The total award was reduced to £4,500.
Note: It is significant that damages were awarded under sections 27/28 even though the tenant had no long-term security of tenure. They were based on a surveyor’s evidence of the diminished value of the property with a tenant who could lawfully be removed within six months (28 days’ notice to quit and the time it would have taken for a possession order to come before the court) cf Melville v Bruton (Melville v Bruton).
Regalgrand Ltd v Dickerson
(1997) 29 HLR 620; (1997) 75 P&CR 312, CA
 
Section 28 damages reduced by tenant’s conduct (including non-payment of rent)
In July 1990 the landlord granted a joint assured tenancy to the tenants. Later in the year the tenants complained of a lack of hot water and other matters. In December 1990 they stopped paying the rent. The landlord, believing the tenancy to be an assured shorthold tenancy, served a notice requiring possession on 15 February 1991. One of the tenants moved out and the other tenant did not spend much time in the flat. On 6 February 1991 the landlord entered the flat and changed the locks, asserting that it had been abandoned. He sued for arrears of rent. The tenants counterclaimed for damages under sections 27/28.
The judge decided that the tenancy was an assured tenancy, that it had not been abandoned and that the tenants were entitled to damages under section 28. The agreed figure for the difference in value of the landlord’s interest was £12,000. The judge reduced the damages from £12,000 to £1,500 under section 27(7)(a) because their conduct ‘was such that it [was] reasonable to mitigate the damages’. The relevant conduct which she took into account was (a) withholding rent without giving prior notice and without justification because they had failed to inform the landlord of the continuing problems with the premises, and (b) their intention to vacate in any event. The tenants appealed on the grounds that the landlord had failed to plead mitigation, that the judge had failed to specify how she had arrived at the figure of £1,500, that their omissions were not ‘conduct’, and that the judge had been wrong to take into account the arrears of rent as serious misconduct was required under section 27(7)(a).
The Court of Appeal dismissed the appeal. Failure to pay rent was conduct that could fall within the ambit of section 27(7)(a). Although a mere intention to leave could not amount to conduct, here the intention to leave had been partly acted on because the tenants had moved some of their belongings out and only very occasionally resided in the flat. The Court of Appeal refused to have regard to Hansard (see Pepper v Hart [1993] AC 593, HL) in construing section 27 since there was no ambiguity in the section.
Sampson v Wilson
[1996] Ch 39; [1995] 3 WLR 455; (1997) 29 HLR 18; (1995) 70 P&CR 359, CA
 
Only landlord liable under section 27; landlord liable for acts of agent
In the absence of the landlord abroad, his agent managed the property. The agent in turn handed over management to a third party, Mitchell. Mitchell harassed and threatened the tenants. He served a notice to quit. The tenants left and brought proceedings for damages under sections 27/28 against the landlord, the agent and Mitchell.
At first instance the plaintiffs were awarded damages against the agents, but the claim against the landlord was dismissed. The tenants’ appeal to the Court of Appeal was allowed. Section section 27(3) referred to a liability on a landlord, not those acting on his behalf, and the basis for awarding damages was on the value of the landlord’s interest. This indicated that section 27 imposed a liability on landlords alone. In reaching this conclusion, the court differed from views expressed obiter in Jones v Miah (Jones v Miah) to the contrary.
Tagro v Cafane and Patel
[1991] 1 WLR 378; [1991] 2 All ER 235; (1991) 23 HLR 250; [1991] 1 EGLR 279, CA
 
An offer of a key to a room that had been wrecked did not amount to reinstatement
The tenant occupied one of four bed-sitting rooms in a property leased to the landlord by the council and from which he ran a second-hand furniture business from the ground floor. The landlord seriously harassed the tenant and then changed the locks to her flat. The tenant obtained an injunction to be readmitted but when she was finally given a key to her room she found that the lock was broken and her room wrecked. She did not move back in. She amended her claim to include a claim for damages under sections 27/28. A surveyor gave evidence on her behalf that the difference between the value of the landlord’s interest with vacant possession and the value with her in occupation was £31,000. The landlord did not submit valuation evidence. HHJ Simpson QC awarded section 28 damages of £31,000 against the landlord and damages of £15,538 against the landlord and his agent for trespass to the tenant’s personal belongings. The landlord appealed against the award of statutory damages.
The Court of Appeal dismissed the appeal:
1)The landlord’s submission that no liability arose because the tenant had been reinstated in accordance with section 27(6) was rejected. ‘Reinstatement does not consist in merely handing the tenant a key to a lock which does not work and inviting her to resume occupation of a room which has been totally wrecked.’
2)In any event, a tenant had a right to decide not to be reinstated under section 27(6).
3)In relation to mitigation of damages under section 27(7)(b), for refusal of an offer of reinstatement prior to proceedings being commenced, it was held that an offer of reinstatement prior to the amendment to include a claim under sections 27/28 would qualify. However, here the facts did not amount to an offer of reinstatement in any realistic sense.
4)In relation to the quantum of damages it was held that, although the landlord’s tenancy was terminable on one month’s notice by the council, the reality was that the Landlord and Tenant Act 1954 applied and his tenancy could go on virtually for ever. Although the award of damages was high it was not so high that it should be disturbed. An argument that the value of the landlord’s interest without the tenant in occupation was virtually nil as the landlord’s lease contained a prohibition against assignment and subletting was rejected. The Act contemplated, by the notion of the ‘willing buyer’ in section 28(3), that the purchaser would take a lease from the council on the same terms as the landlord and the issue of forfeiture would not arise.
Note: It is not clear what the tenant’s security of tenure was – reference is made to her as ‘a sitting tenant’.
Wandsworth LBC v Osei-Bonsu
[1999] 1 All ER 265; [1999] 11 EG 167; (1999) 31 HLR 515; (1998) Times 4 November, CA
 
Mitigation of section 28 damages based on domestic violence against co-tenant; section 28 damages should take account fact that co-tenant wanted to end tenancy
Mr Osei-Bonsu and his wife were joint secure tenants of a council property. He left after his wife obtained an ouster order based on his violence. She was offered alternative accommodation by the council. As a result she served a notice to quit seeking to determine the joint tenancy. The notice gave insufficient notice but the council treated it as valid. After Mrs Osei-Bonsu had been rehoused, the ouster order was discharged by consent but the council refused to readmit Mr Osei-Bonsu to the property. He commenced proceedings and, following Hounslow LBC v Pilling (Hounslow LBC v Pilling), the council accepted that the short notice to quit was not effective to determine the joint tenancy. However, at the council’s instigation, Mrs Osei-Bonsu served a second notice to quit, which was valid. Mr Osei-Bonsu took further proceedings claiming damages under sections 27/28. In the county court he was awarded damages of £30,000 and a declaration that he remained a tenant of the property. The council appealed, although it accepted that its initial refusal to readmit the respondent to the property constituted unlawful eviction under section 27(1) and gave rise to a claim for damages to be assessed under section 28(1).
The Court of Appeal allowed the council’s appeal in part and held that:
1)The council had no defence under section 27(8)(a) because it had no reasonable cause for its belief that the wife’s short notice had ended the joint tenancy. In any event, as the respondent was claiming a right to be readmitted to the property, the council should have issued proceedings for possession.
2)The judge’s view that Mr Osei-Bonsu’s conduct was not relevant to mitigate damages because it did not involve the council was too narrow. His violence broke up the family and started an unbroken chain of events which culminated in his wrongful eviction. Following Regalgrand Ltd v Dickerson (Regalgrand Ltd v Dickerson), it was appropriate to mitigate the damages substantially. The damages were reduced by two-thirds to £10,000.
3)The tenancy had been precarious because it was dependent on Mrs Osei-Bonsu not serving a valid notice to quit, which she was clearly anxious to do. On that basis statutory damages should have been assessed at no more than £2,000, but this point was not open to the council because specific agreement on quantum in the court below had to be treated as sacrosanct.
4)A tenant cannot be entitled to statutory damages and a continuing right to possession. By electing to accept the statutory damages, Mr Osei-Bonsu had given up his entitlement to damages at common law and any claim to rights of occupation.
5)The second notice to quit was effective. It was properly served on the council rather than on the then tenant of the property.
High Court
 
Mehta v Royal Bank of Scotland
(2000) 32 HLR 45; [1999] 3 EGLR 153; (1999) Times 25 January, QBD
 
Temporary occupation of accommodation after eviction did not amount to reinstatement
Landlord’s failure to take action against other occupants
 
Where occupiers are disturbed by the actions of a neighbour, they may have a cause of action against that neighbour. Where the neighbour’s premises are owned by another person, sometimes a more effective remedy will be to get the landowner to take action against their tenant/licensee. However, there are only limited circumstances in which an occupier can force a landowner to take such action. In cases involving local authority landlords or other social landlords, a complaint to the relevant ombudsman for failure to take action may result in a finding of maladministration.
Supreme Court (formerly House of Lords)
 
Coventry v Lawrence (No 2)
[2014] UKSC 46; [2014] 1 WLR 555; [2014] 2 P&CR 19; [2014] 4 All ER 517; The Times 29 July 2014, 23 July 2014
 
A landlord was not liable for his tenant’s nuisance by letting land for a purpose that might cause a nuisance
Ms Lawrence and Mr Shields were the owners and occupiers of a residential bungalow. Mr Coventry, trading as RDC Promotions, and Moto-Land UK Limited occupied a stadium and track some 850 yards away which was used for speedway racing, motorcar racing and motorcycle racing. Ms Lawrence and Mr Shields brought a claim for nuisance against both of them and their landlords.
The majority of the Supreme Court dismissed the claim in nuisance against the landlords. In order to be liable for a nuisance, landlords must either have authorised it by letting the property or they must participate directly in the commission of the nuisance. In this case, there was no question of the landlords having authorised the nuisance on the ground that it was an inevitable, or nearly certain, consequence of the letting of the stadium and the track. The intended uses of the stadium and the track were known to the landlords at the time of the lettings and those uses had in fact resulted in nuisance, but that was not enough to render the landlords liable in nuisance as a result of the letting. Those uses could be carried out without causing a nuisance. Accordingly, if the claim in nuisance against the landlords was to succeed, it had to be based on their ‘active’ or ‘direct’ participation. The question of whether a landlord has directly participated in a nuisance must be largely one of fact for the trial judge, rather than law. None of the factors upon which Ms Lawrence and Mr Shields relied established that the landlords had authorised or participated in the nuisance.
Mitchell v Glasgow CC
[2009] UKHL 11; [2009] 1 AC 874; [2009] 2 WLR 481; [2009] 3 All ER 205; [2009] HLR 37; (2009) Times 26 February, 18 February 2009
 
No duty of care owed by landlord to tenant whose neighbour was anti-social and ultimately killed the tenant
James Mitchell and James Drummond were neighbouring tenants of Glasgow City Council. Mr Drummond made threats towards Mr Mitchell, including a claim that he would kill him if he (Drummond) were to be evicted. The council was aware of Mr Drummond’s threatening and aggressive behaviour, and in 2001 held a meeting with him, at which his possible eviction for anti-social behaviour towards Mr Mitchell was discussed. Shortly after the meeting, Mr Drummond attacked and killed Mr Mitchell. Subsequently, Mr Drummond was charged with murder, but the prosecution accepted his plea to culpable homicide. In 2003, Mr Mitchell’s widow and daughter raised a civil action for damages against Glasgow City Council in respect of the death. The pursuers (claimants) maintained that the defenders (defendants) owed the deceased and his family a duty of care:
to instigate eviction proceedings against Mr Drummond within a reasonable time of complaints about his behaviour being made; and
to warn Mr Mitchell about the meeting with Mr Drummond. The claim was dismissed and they appealed to the House of Lords.
The House of Lords dismissed the appeal. Lord Hope, with whom the other Law Lords agreed, concluded that ‘it would not be fair, just or reasonable to hold that the defenders were under a duty to warn the deceased of the steps that they were taking.’ A person will be held responsible for the criminal act of a third party only where it has assumed responsibility for the safety of the person who is at risk. There was no basis for saying that the council had assumed responsibility.
With regard to Article 2, the test is a high one. In this case, there was ‘no basis … for saying that the defenders ought to have known that, when Drummond left the meeting, there was a real and immediate risk to the deceased’s life’ (para 34).
Southwark LBC v Mills; Southwark LBC v Tanner; Baxter v Camden LBC
[2001] 1 AC 1; [1999] 3 WLR 939; [1999] 4 All ER 449; [2000] LGR 138; [1999] 45 EG 179; (2000) 32 HLR 148; [2000] L&TR 159; (1999) Times 22 October, HL
 
Normal use of residential flat cannot be a nuisance to neighbours; landlord cannot be liable in nuisance for conduct of neighbouring tenants, which is not a nuisance on their part
Court of Appeal
 
Cocking v Eacott
[2016] EWCA Civ 140; [2016] QB 1080; [2016] 3 WLR 125; [2016] Env LR 26; [2016] HLR 15, 9 March 2016
The owner of a house, who did not occupy it, was liable for the nuisance caused by her daughter who was a bare licensee; she had authorised the nuisanceTimes 26 May, CA
Mr and Mrs Cocking were the freehold owners of a house in Hereford. Mrs Waring – Ms Eacott’s mother - was the freehold owner of the house next door. Mrs Waring had granted Ms Eacott a bare licence to live in her house. Mr and Mrs Cocking wrote to Mrs Waring to complain that her daughter was causing a nuisance by shouting and allowing her dog to bark. Mrs Waring denied that she was liable for the nuisance and in the meantime determined her daughter’s licence and obtained a possession order. She chose, however, not to enforce the order. Mr and Mrs Cocking issued proceedings against both Ms Eacott and Mrs Waring and obtained judgment against both in the county court. Mrs Waring appealed and contended that as a landlord she was not liable for the acts of her licensee, i.e. Ms Eacott.
The Court of Appeal dismissed the appeal. Mrs Waring was not a landlord. She had merely granted Ms Eacott a bare licence and had at all times retained the right to possession of the house. It followed that Smith v Scott [1973] 1 Ch 314, CA and Hussain v Lancaster CC (Hussain v Lancaster CC) did not apply. Mrs Waring could have removed Ms Eacott from the house at any time after she had obtained a possession order but chose not to do so; she had instead paid the utility bills for Ms Eacott. Mrs Waring therefore was taken to have authorised the nuisance caused by Ms Eacott once a reasonable period – in this case nine months – had passed since she had first become aware of the Cocking’s complaints. The position may have been different if Ms Eacott had been a contractual licensee who had paid rent to Mrs Waring; further examination of the position in such a situation could await a case in which the facts arose.
Hawkins v Dhawan
(1987) 19 HLR 232; [1987] 2 EGLR 157; (1987) 283 EG 1388, CA
 
Tenant owed duty of care to neighbour but not breached by unexpected overflow
Water penetrated the ceiling of the tenant’s flat, causing damage to possessions. The problem was caused by a blocked overflow pipe to the bathroom basin of the tenant on the floor above. The tenant’s claim for damages against the landlord was dismissed and he continued with the action against the neighbouring tenant. Since he was unable to base a claim in contract, nuisance or the rule in Rylands v Fletcher (1868) LR 3 HL 330, the plaintiff was forced to rely on negligence.
Although the Court of Appeal held that the upstairs tenant owed a duty of care to the downstairs tenant, it was not prepared to find any breach of that duty unless it could be shown that the circumstances should have alerted the upstairs tenant to the possibility of a blockage. In the absence of any such circumstances (such as a previous incident), no liability arose from a first, unexpected overflow.
Hussain v Lancaster CC
[2000] QB 1; [1999] 2 WLR 1142; [1999] 4 All ER 125; (1999)31 HLR 164; (1999) 77 P&CR 89; (1998) LGR 663; (1998) Times 26 May, CA
 
Council not liable for anti-social behaviour of its tenants
The plaintiffs were joint owners of a shop and residential premises on a council housing estate. They alleged that the council was liable in negligence or nuisance for failing to prevent council tenants and/or members of their households from committing criminal acts of harassment against them. The harassment included threats, racist abuse and the throwing of stones. The council applied to strike out the claim.
The Court of Appeal held that the claim should be struck out. The council was not liable in negligence or nuisance because:
1)Although the acts complained of unquestionably interfered intolerably with the plaintiffs’ enjoyment of the plaintiffs land they did not involve the tenants’ use of the tenants land and therefore fell outside the scope of the tort of nuisance.
2)Even if there had been such nuisance, the council was not liable for it unless it authorised the tenants to commit the nuisance, either expressly or by letting premises in circumstances where nuisance was certain to result (approving Smith v Scott [1973] 1 Ch 314).
3)In relation to negligence, it was not fair, just and reasonable to impose a duty of care on the council to control its tenants. This was not a case which could be brought within the category of negligent performance of statutory functions. Hirst LJ referred to Lord Browne-Wilkinson’s concluding words in X v Bedfordshire CC (minors) [1995] 2 AC 633, HL, that:
… the courts should proceed with great care before holding liable in negligence those who have been charged by parliament with the task of protecting society from the wrong doings of others.
The decision in O’Leary v Islington LBC (O’Leary v Islington LBC) was approved.
Lippiatt v South Gloucestershire Council
[2000] QB 51; [1999] 3 WLR 137; [1999] 4 All ER 149; [1999] LGR 562; (1999) 31 HLR 1114; (1999) Times 9 April, CA
 
Landlord can be liable for acts of nuisance of licenseesTimes 26 May, CA
Travellers occupied a strip of land owned by the council. The council decided to tolerate their ‘unauthorised encampment’ and provided toilet, water and other facilities. Neighbouring tenant farmers took proceedings against the council alleging repeated acts of nuisance by the travellers. They complained of trespass on their land, obstruction of access to fields, dumping of rubbish, theft of timber, gates and fences, damage to a stone wall and dogs chasing sheep. HHJ Weeks QC, following Hussain v Lancaster CC (Hussain v Lancaster CC), struck out the claim as disclosing no cause of action.
The Court of Appeal allowed the farmers’ appeal. There is no rule of law that prevents an owner or occupier of land being held liable for the tort of nuisance as a result of the activities of licensees which take place on the land occupied by them. The evidence in this case was that the travellers were allowed to congregate on the council’s land and that they used it as a base for the unlawful activities of which the plaintiffs complained. The travellers ‘emanated’ from the land. Nothing in Hussain precludes a court from holding that an occupier of land may be held liable for nuisance consisting of a continuing state of affairs on land, retained by the owner, where acts are to the knowledge of the occupier committed by persons based on the land and interfere with the use and enjoyment of the plaintiff’s land.
Mowan v Wandsworth LBC
(2001) 33 HLR 616; [2001] LGR 110, CA
 
Landlord not liable for tenant’s nuisanceTimes 26 May, CATimes 9 April, CA
The claimant was a long lessee of the council. She brought an action against the council complaining of nuisance committed by a secure tenant who occupied the flat above her and who suffered from a mental disorder. The nuisance complained of included regularly blocking the toilet causing sewage floods, leaving taps running, noise nuisance and threats to kill. The particulars of claim alleged that the defendant knew or ought to have known about the nuisance and had breached its duty to the claimant by adopting it or failing to abate it. In particular, the council had failed to institute possession or injunction proceedings. The claim was struck out on the basis that it was bound to fail. The claimant appealed unsuccessfully.
The Court of Appeal held that neither a claim in nuisance nor in negligence could succeed. Landlords are only liable for the nuisance of their tenants if they authorise the nuisance (Hussain v Lancaster CC (O5.2)). The claimant’s argument that a landlord could authorise nuisance simply by failing to take action to prevent it and that it was no longer necessary to show consent or active participation by the landlord was rejected. Lippiatt v South Gloucestershire Council (Lippiatt v South Gloucestershire Council) was a different type of case where the landlord had been the occupier of the land on which, or from which, a nuisance had been created by others. Neither was the defendant liable in negligence. The fact that negligence had not been pleaded or particularised was not fatal. If the case were put on the basis of breach of a duty of care to protect the claimant as its tenant from nuisance created by other tenants, the allegation was not one of carelessness but of a failure to do what it should have done, which was simply the argument of nuisance by another name. The claim should be struck out.
O’Leary v Islington LBC
(1983) 9 HLR 83, CA
 
No implied term in tenancy agreement to enforce terms in another tenancyTimes 26 May, CA
The plaintiff’s neighbour breached the terms of his tenancy agreement not to cause nuisance. The plaintiff took proceedings against Islington Council, the common landlord, to compel it to enforce the clause in the neighbour’s tenancy agreement.
The Court of Appeal held that there was no implied term in the plaintiff’s tenancy agreement that the landlord would enforce the nuisance clause in the other tenancy agreement. There was no need to imply such a term where a tenant had a cause in action in nuisance against the other tenant.
Note: This case was referred to with approval in Hussain v Lancaster CC (Hussain v Lancaster CC)
X and Y v Hounslow LBC
[2009] EWCA Civ 286; [2009] PTSR 1158; [2010] HLR 4; (2009) 12 CCLR 254; [2009] 2 FLR 262; [2009] Fam Law 487, 2 April 2009
 
No duty of care owed by landlords to protect tenants against the criminal acts of othersTimes 26 February; 18 February 2009
The claimants were adults with learning disabilities. Y was the secure tenant of a council flat and X was her partner. They lived with two children aged 11 and 8. Over a weekend in mid-November 2000, they were effectively imprisoned in their home by local youths who gained entry to the property and seriously assaulted and abused both the adults and the children. They were subjected to appalling degradation during the attack. They brought an action for damages in negligence against their council, as landlord and as social services authority, for its failure to protect them. Maddison J found that it had become reasonably foreseeable that an incident such as did occur would take place. The council had failed to invoke or even contemplate using the emergency transfer procedure. In the special circumstances of the case, the council did owe a duty of care to the claimants. It had been negligent in failing to arrange an emergency transfer. Damages and costs were awarded ([2008] EWHC 1168 (QB)). The council appealed.
The Court of Appeal allowed the appeal. It held that although departments of local authorities should communicate with one another, the duty to do so is not a duty of care owed to members of the public. A local authority does not owe a duty of care to protect people from the criminal acts of others, unless the authority has assumed a specific responsibility for doing so (Mitchell v Glasgow CC (Mitchell v Glasgow CC)). Hounslow had never assumed such a responsibility in this case.
See though X, Y & Z v United Kingdom (X, Y & Z v United Kingdom) in which the UK government settled this claim.
High Court
 
Octavia Hill Housing Trust v Brumby
[2010] EWHC 1793 (QB), 25 July 2010
 
A landlord was potentially liable in nuisance for the anti-social acts of its tenants where they were committed on land retained by the landlord
Ms Brumby was the assured tenant of Octavia Hill. She occupied a lower ground floor flat in a block of residential flats. A communal hallway and a staircase retained by Octavia Hill were above Ms Brumby’s flat. A paved area outside of Ms Brumby’s window was also retained by Octavia. Ms Walker was another tenant of the block; Ms Brumby alleged that Ms Walker’s visitors had caused her nuisance by their anti-social behaviour that took place on the land in and outside the block that was retained by Octavia Hill. Octavia Hill were made aware of the anti-social behaviour but took no steps to prevent it. Octavia Hill applied to strike out Ms Brumby’s claim on the basis that it was not liable for the acts of its tenants. The application was dismissed and Octavia Hill appealed.
The appeal was dismissed. The nuisance was being committed on land retained by Octavia Hill. Once Octavia Hill were aware of the nuisance they were obliged to take reasonable steps to abate it. If they failed to do so they would be taken to have adopted the nuisance (Sedleigh-Denfield v O’Callaghan [1940] AC 880, HL). There was no general proposition of law that a landlord could not be held liable for his tenant’s conduct save for in exceptional cases.
Damages at common law
 
The general aim of the courts is to put tenants into the position that they would have been in if there had been no breach of contract or if there had been no tort. However, exemplary damages are punitive in nature and statutory damages under Housing Act 1988 ss27/28 are based on the landlord’s gain resulting from an eviction.
Tenants bringing civil proceedings following acts of harassment or unlawful eviction may be entitled to six different categories of damages:
1)Special damages. These are compensation for any identifiable loss that is quantifiable in monetary terms, eg, loss of earnings, second-hand value of lost items, additional cost of meals, cost of alternative accommodation. Any expenditure must be reasonable, proper and necessary.
2)General damages. These are compensation for losses that are not quantifiable in monetary terms and can be claimed for such matters as discomfort, inconvenience, loss of enjoyment, loss of occupancy, shock, personal injury, pain and suffering. Such losses are not recoverable in contract.
3)Aggravated damages. These are compensation for especially severe suffering or to demonstrate the outrage and indignation at the way a person has been treated. They are compensatory in nature and reflect the victim’s suffering. They are only available in tort.
4)Exemplary damages. These are punitive and are awarded to punish or deter a defendant. They may be awarded where the defendant’s behaviour was calculated to make a profit. They are only available in tort. In the words of Lord Devlin:Where a defendant with a cynical disregard for a plaintiff’s rights has calculated that the money to be made out of his wrongdoing will probably exceed the damages at risk, it is necessary for the law to show that it cannot be broken with impunity…. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay. (Rookes v Barnard [1964] AC 1129 at 1227)
Exemplary damages are not confined to money making in the strict sense. Obtaining possession without the trouble and expense of going to court falls within this category.
5)Statutory damages under Housing Act 1988 ss27/28. See O4 for examples of such damages. Any common-law damages for loss of occupancy must be set off against any damages under Housing Act 1988 ss27/28 (s27(5)), or vice versa.
Exemplary and aggravated damages must be expressly pleaded – see CPR Part 16.4(1)(c).
When considering levels of damages awarded, account should be taken of the year of the award and subsequent inflation. Ten per cent should be added to all claims for general damages unless the claim was funded by a conditional fee agreement (CFA) entered into before 1 April 2013 – see Simmons v Castle [2012] EWCA Civ 1288; [2015] 1 WLR 1239.
Court of Appeal
 
Asghar v Ahmed
(1985) 17 HLR 25, CA
 
Aggravated and exemplary damages awarded in addition to fine in criminal court
The tenant and his family were unlawfully evicted by their landlord, who threw all their belongings on to the street. Despite the tenant obtaining an injunction, the landlord delayed in readmitting him. The landlord was convicted under Protection from Eviction Act 1977 and fined £750 and ordered to pay £250 costs. In the county court, the judge awarded aggravated damages of £500 and exemplary damages of £1,000 in addition to special damages.
The landlord’s appeal was dismissed. It was as ‘plain a case for aggravated damages as one would expect to find’. The Court of Appeal declined to overturn the award of exemplary damages even though the landlord had been fined in the Crown Court. There was a great deal more to the landlord’s conduct that followed the eviction which justified the finding that this was an outrageous example of persecution by a landlord of a tenant.
Branchett v Beaney
[1992] 3 All ER 910; (1992) 24 HLR 348; [1992] 2 EGLR 33; [1992] 28 EG 107, CA
 
Exemplary damages covered all elements of compensation
Workmen employed by the landlord bulldozed a way across the tenant’s front garden and constructed a private road to an adjoining property where they were building a house. The tenant brought a claim for damages for trespass and breach of covenant for quiet enjoyment. Although the county court judge awarded exemplary damages for trespass of £3,250, he held that the tenant was not entitled to damages for mental distress arising from the breach of the covenant for quiet enjoyment.
The Court of Appeal dismissed the tenant’s appeal. The award of exemplary damages for trespass covered all elements of compensation, including compensation for injured feelings and mental distress, to which the appellant was entitled for invasion of her garden and use of the road. The judge was right not to extricate the punitive from the non-punitive element in his award. Such an award had given the tenant all and more than she could recover in a claim for damages for breach of the covenant of quiet enjoyment. In a contractual claim for damages for breach of covenant for quiet enjoyment, a tenant is not entitled to compensation for ‘injured feelings and mental distress’ (or loss of amenity). (See Addis v Gramophone Co Ltd [1909] AC 488, HL; the comments of Lord Denning MR in McCall v Abelesz (McCall v Abelesz)) were not to be followed.)
Drane v Evangelou
[1978] 1 WLR 455; [1978] 2 All ER 437; (1977) 36 P&CR 270; (1977) 246 EG 137, CA
 
Exemplary and aggravated damages appropriate for unlawful eviction
The tenant’s rent was reduced following an application to the rent officer. As a result, the landlord moved other people into the premises, moved the tenant’s belongings into the back yard and changed the locks. The tenant obtained an injunction but was only able to return to the premises ten weeks later after two further court hearings. A county court judge held that ‘the monstrous behaviour called for exemplary damages of £1,000’.
The landlord’s appeal was dismissed. Lord Denning MR, referring to Rookes v Barnard [1964] AC 1129, HL, which held that exemplary damages may be awarded where the defendant’s conduct has been calculated to make a profit which might well exceed the compensation ordinarily payable to the plaintiff, stated ‘To my mind this category includes cases of unlawful eviction of a tenant. The landlord seeks to gain possession at the expense of the tenant …’ Lawton LJ said that this was equally a case in which aggravated damages would have been appropriate because ‘To deprive a man of a roof over his head in my judgment is one of the worst torts which can be committed. It causes stress, worry and anxiety.’
Francis v Brown
(1998) 30 HLR 143, CA
 
Award of exemplary damages should reflect the lowest figure that one of joint tortfeasors liable for; aggravated and exemplary damages considered
Lord and Haslewood-Ogram v Jessop
August 1999 Legal Action 28, CA
 
Damages for unlawful eviction and harassment
The claimants occupied bed-sitting rooms with shared use of bathroom and toilet. They signed ‘licence agreements’, but HHJ Milligan held that they had assured tenancies. Ms Lord fell into arrears because of reductions in the amount of housing benefit received. The defendant landlord constantly threatened her with eviction, telephoned almost daily, entered her room without permission, was aggressive and implied that there might be violence. He changed the locks and did not give her a key. Ms Lord suffered from stress and anxiety and her health deteriorated. These events culminated in a suicide attempt. Ms Haslewood-Ogram complained about a lack of heating and, while she was out, the landlord changed the locks. Her possessions were either locked in the house or thrown out of the rear and she was left in the clothes that she was wearing. She was extremely upset.
HHJ Milligan described the landlord’s behaviour as ‘discourteous, insulting, humiliating and threatening’ and ‘disgraceful, self-interested and bullying.’ He awarded Ms Lord damages of £5,716.99 comprising £1,000 damages for breach of covenant for quiet enjoyment up to the eviction, £2,000 damages for unlawful eviction, aggravated damages of £2,000, special damages of £420 and interest of £647.82. He awarded Ms Haslewood-Ogram damages of £4,948.95 comprising £1,000 damages for breach of covenant for quiet enjoyment up to the eviction, £2,000 damages for unlawful eviction, aggravated damages of £1,000, special damages of £430 and interest of £518.95. The defendant’s appeal was dismissed. The judge’s findings could not properly be challenged in the Court of Appeal.
Mafo v Adams
[1970] 1 QB 548; [1970] 2 WLR 72; [1969] 3 All ER 1404, CA
 
Landlord’s motives not established to justify an award of exemplary damages
A landlord tricked his tenant into leaving premises by falsely informing him that alternative accommodation was available at another address. The tenant suffered physical inconvenience but no financial damage. The tenant was awarded £100 damages for breach of the covenant of quiet enjoyment and £100 exemplary damages in deceit.
The Court of Appeal upheld the award for breach of the covenant of quiet enjoyment. However, it held that, assuming exemplary damages could be awarded in an action for deceit, the tenant was not entitled to such damages because there was no finding that the landlord had acted so as to justify an award. The county court judge had described the landlord’s reasons for evicting the tenant as ‘obscure’ and his motives had not been established.
McMillan v Singh
(1985) 17 HLR 120, CA
 
Tenant’s conduct irrelevant to award of exemplary damages
A landlord removed a tenant’s belongings from his room. The next day the tenant met the landlord, who excluded him from the house and threatened him. The landlord let the room for a higher rent. After six or seven weeks the tenant obtained an injunction reinstating him. When the plaintiff’s claim for damages was heard, the judge declined to award exemplary damages because the tenant had rent arrears.
The Court of Appeal allowed the tenant’s appeal. The concept of ‘coming to court with clean hands’ had never been applied to the assessment of damages. The proper approach was to assess the loss suffered to the tenant’s property or person, then consider aggravated damages for injury to feelings and then, finally, to consider whether an award of exemplary damages was appropriate. The Court of Appeal awarded exemplary damages of £250, approximately four times more than the increased rent which the landlord had gained while the tenant was out of occupation.
Note: Conduct of a claimant is, by virtue of section 27(7), relevant to statutory damages under Housing Act 1988 ss27/28.
Melville v Bruton
(1997) 29 HLR 319, CA
 
Common-law damages of £500 for inconvenience, discomfort and distress of eviction for assured shorthold tenant where section 28 statutory damages not appropriate
Ramdath v Daley
(1993) 25 HLR 273; [1993] 1 EGLR 82; [1993] 20 EG 123, CA
 
Exemplary damages against agent who did not profit from eviction wrong
Following a dispute over rent, and despite the fact that the landlord had been advised about the need for court proceedings, the plaintiff was evicted by his landlord and the landlord’s son, who acted as his agent. The locks were changed and the tenant was threatened with violence. In the county court Mr Recorder Bridge Adams described the eviction as ‘extremely bad’ and ‘brutal’. The landlord’s son had acted with ‘flagrant disregard for the law’. The way in which the tenant’s possessions were treated and the threats which were made were primarily the responsibility of the son. Damages were awarded against both defendants. The award against the father comprised general damages of £2,000, special damages of £510 and exemplary damages of £1,000 (because he had been warned about the legal position before eviction). These sums were not overturned on appeal. There were also awards of general damages (£1,250) and exemplary damages (£2,500) against the son. He appealed, claiming that it had not been established that his conduct had been calculated to make a profit for himself (see Rookes v Barnard [1964] AC 1129, HL).
The Court of Appeal, allowing the appeal in part, held that, in a case of unlawful eviction, the payment of exemplary damages cannot be ordered against a defendant acting as the landlord’s agent unless it can be proved that he himself stood to benefit from the eviction. The tenant’s damages were reduced accordingly.
High Court
 
Islam v Yap
[2009] EWHC 3606 (QB), 20 November 2009
 
Damages for unlawful eviction awarded at daily rental rate; exemplary damages awarded where landlord evicted in order to sell with vacant possession
Mrs Islam was Redbridge LBC’s non-secure tenant. The property she occupied was owned by Mr Yap. He had let it to Finefair Consultants Limited which in turn sublet to Redbridge. By 2007, Mr Yap wanted to sell the house. A purchaser was found and a memorandum of sale was prepared by agents. As a result, Mr Yap wanted vacant possession. Mrs Islam told Mr Yap he could have vacant possession but she would need to be re-housed first. After she failed to obtain alternative accommodation Mr Yap’s agent telephoned Mrs Islam, saying that the locks would be changed the following day and to ‘[f]orget about the police’. Mrs Islam was upset, and HHJ Wilcox, sitting as a Deputy High Court Judge, said that ‘[s]he had every reason to be’, describing it as a ‘bullying … threatening … disgraceful and unpleasant conversation’. Mr Yap ‘must have known’ that the agent intended to change the locks. On 26 March 2007, the agent went to the property, said that ‘he was prepared to sit-in or squat for a period of time’, waited for Mrs Islam’s son to come back from school and then changed the locks. Mrs Islam was evicted and had nowhere to go. She left her main possessions in the house. HHJ Wilcox described it as a ‘protracted and unpleasant event’, which was a ‘frightening and intimidating’ experience. Mrs Islam did not return to the premises and ‘fled to a student room’.
HHJ Wilcox awarded damages from ‘the date of her eviction on 26th [March] to the date of the court order … at the rate of the rental that was chargeable for those premises during that time, [ie,] a daily rate … of … just over £36 per day’. He awarded aggravated damages against the agent in the sum of £3,000 and, having regard to Mr Yap’s economic benefit, exemplary damages of £5,000.
Mehta v Royal Bank of Scotland
(2000) 32 HLR 45; [1999] 3 EGLR 153; (1999) Times 25 January, QBD
 
Damages for unlawful eviction of long-term licensee of hotel
Mr Ramji owned a hotel. The property was subject to two charges in favour of a bank. In 1992 the bank demanded various sums which were due and, when these were not paid, appointed a receiver pursuant to Law of Property Act 1925 ss101 and 109. Under section 109 the receiver was deemed to be the agent of Mr Ramji. In 1993 the manager of the hotel, acting as agent for the receiver, agreed orally that Mr Mehta was to have exclusive possession of Room 418 of the hotel ‘on a long-term basis’, that he would not share facilities with other hotel occupants except for the common parts of the hotel for access, that he would pay a monthly rent and that the hotel maids would clean the room and Mr Mehta’s sheets at no extra charge. In 1994 the receiver contracted to sell the hotel. On completion, Mr Mehta was evicted by the receiver and his managing agent. He obtained an interim injunction allowing him readmission to his room but this injunction was discharged a few days later and he was forced again to leave the hotel. Mr Mehta issued proceedings against Mr Ramji, the receiver and the managing agent.
Richard Southwell QC, sitting as a High Court Judge, held that Mr Mehta was a contractual licensee and not a tenant. Although the three hallmarks of a tenancy identified by Lord Templeman in Street v Mountford (Street v Mountford) were present (exclusive possession, monthly payments and a periodical term) in this case, there were other equally important factors to be taken into account. The agreement was clearly intended to be terminable by either party on reasonable notice. What length of notice was reasonable had to be determined with regard to the facts at the time when the notice was given, having regard to all the relevant circumstances. Four months’ notice represented the reasonable period of notice for either party to give.
The receiver and the managing agent were acting as agents for Mr Ramji. The interim injunction did not constitute reinstatement for the purposes of Housing Act 1988 s27(6) as it only gave Mr Mehta temporary occupation and he was entitled to statutory damages against Mr Ramji under section 27. With Mr Mehta in occupation any purchaser would have required a substantial discount assessed at £45,000. The plaintiff was, as against all three defendants, entitled to an award of compensatory damages for trespass to land and goods of £10,000, aggravated damages of £10,000 and exemplary damages of £7,500. There had been exceptional conduct and motive on the part of the receiver and managing agent acting on Mr Ramji’s behalf, their conduct was designed solely for profit (their fees) and, furthermore, Mr Ramji would have profited. The awards of general, aggravated and exemplary damages against Mr Ramji were set off under Housing Act 1988 s27(5) against the award of statutory damages.
Murray v Lloyd
[1989] 1 WLR 1060; [1990] 2 All ER 92; [1990] 1 EGLR 274; (1989) 21 HLR 525, ChD
 
Statutory tenancy led to 25 per cent reduction in value of the freehold
An occupier of residential premises claimed that the City firm of solicitors, Theodore Goddard, had been negligent in advising her that a tenancy, for which she paid a substantial premium, should be in the name of a company registered in the Virgin Islands for tax reasons. They wrongly advised that, by assigning the tenancy to herself, she would be able to obtain a statutory tenancy, even though the lease contained an absolute covenant against assignment.
John Mummery, sitting as Deputy High Court Judge, after accepting expert evidence that freehold property values were generally discounted by 25 per cent to reflect the existence of statutory tenancies, awarded the plaintiff damages of £115,000, assessed at 25 per cent of the freehold vacant possession value of the property (£460,000), even though there was evidence that the freeholder would not have been prepared to sell the freehold to her at a discount nor ‘buy her out’.
County courts
 
The following are examples of awards in the county court for harassment and unlawful eviction. For examples of more cases see previous editions of Housing Law Casebook.
Abbas v Iqbal
4 June 2009, Bow County Court
 
Damages where building work started while tenant in property and tenant subsequently unable to remain
Mr Iqbal granted Mr Abbas, an elderly man in frail health, a weekly periodic assured shorthold tenancy of a single room, with shared use of a kitchen and bathroom. The rent was £60 per week. In November 2007, Mr Iqbal told Mr Abbas that he had to leave the property as he intended to convert the entire building into flats. In April 2008, he served written notice on Mr Abbas that he – along with the other tenants in the building – was required to leave the property within two weeks. The notice did not comply with the requirements of Housing Act 1988 ss8 or 21. Mr Iqbal did not obtain an order for possession. On 28 May 2008, Mr Iqbal instructed contractors to begin the conversion work on the building. On 30 May 2008, the gas supply to the property was disconnected. On 31 May 2008, again without warning, the water supply to the property was disconnected. Mr Abbas remained in occupation even though he was forced to buy bottled water to drink and was unable to prepare or eat meals, take his medication, wash or use the toilet due to the lack of water supply. On 9 June 2008, Mr Abbas obtained an injunction ordering Mr Iqbal to reinstate the water and gas supplies to the property. Mr Iqbal failed to reconnect the utilities and the building work continued around Mr Abbas. Within a week, the property was uninhabitable. Construction work rendered the building in which the property was situated a mere shell. Mr Abbas was unable to use the shared facilities and the building was unsafe. Consequently, he could no longer stay in the property and spent a number of nights sleeping in the business premises of friends, until the local authority housed him in temporary accommodation. On his return to the property on or about 13 June 2008, Mr Abbas discovered that all of his furniture and personal effects had been removed and disposed of.
HHJ Redgrave assessed damages at £39,194 comprising:
£150 per day for the 13 days during which Mr Abbas endured building works and a lack of utilities (£1,950);
£250 per day for the three days Mr Abbas was forced to sleep ‘rough’ (£750);
£1,000 compensation for Mr Abbas having to vacate the property before his tenancy had been terminated;
£10,000 aggravated damages;
£7,500 exemplary damages;
£2,000 per annum for cockroach and rodent infestations in the property over six years (£12,000);
£500 for a toilet which had been defective for six months;
£5,494 special damages (which figure, the court commented, was almost certainly ‘an undervalue’).
Aiyedogbon v Best Move Estate Agent Ltd
2 March 2012, Clerkenwell and Shoreditch County Court
Daily rate of £190 for time spent at hotels
In August 2008, Best Move granted Mr Aiyedogbon an assured shorthold tenancy of a flat. In October 2008, following the death of two of his brothers, Mr Aiyedogbon travelled to Birmingham. He informed Best Move of his bereavement and of his whereabouts. Best Move alleged that he was in arrears with the payment of his rent and threatened to change the lock on the communal door of the block. Mr Aiyedogbon warned Best Move that, if it did so, it would be liable for evicting him unlawfully and he would inform the police. Best Move stated that it did not care and, in Mr Aiyedogbon’s absence, changed the lock. When he returned to London, Mr Aiyedogbon was unable to gain access to his flat. He asked Best Move repeatedly for a key to the new lock, but it ignored his calls and messages and, when they met, refused to furnish him with a key. As a consequence, Mr Aiyedogbon had to stay in various local hotels. He obtained an injunction requiring Best Move to provide him with a key. Best Move did so the following day. When Mr Aiyedogbon returned to his flat, he found that some of his belongings were missing and others damaged. His front door was also damaged and could not be secured. As he could not afford the services of a carpenter, Mr Aiyedogbon had to stay in a local hotel for 20 nights until he managed a patch repair of his door. The door was still insecure; it was repaired eventually in early 2011.
Best Move defended Mr Aiyedogbon’s claim for damages in the county court and counterclaimed for unpaid rent. Its defence and counterclaim was struck out in November 2011 as a consequence of its failure to comply with directions. Judgment was entered for Mr Aiyedogbon and the claim listed for disposal.
District Judge Cooper found that as the tariff for periods of unlawful eviction tended to range between £100 and £400 per night a tariff of £190 for each of his 20 nights in hotel accommodation was appropriate. She awarded general damages totalling £5,140, including damages for the distress caused by Best Move’s threats of eviction and by Mr Aiyedogbon having to live in an insecure flat for a lengthy period. In addition, she awarded Mr Aiyedogbon aggravated damages of £1,800, exemplary damages of £1,500, special damages of £1,603.48, comprising the cost of the hotel accommodation and Mr Aiyedogbon’s lost belongings, and interest of £581.32. 
Akrigg v Pidgeon
The County Court at Chippenham and Trowbridge; 25 September 2015
£170 per night for time spent staying at partner’s parent’s house and £500 for landlord’s harassment prior to the unlawful eviction
Mr Akrigg was a young vulnerable adult aged 19 who had been in care from the age of 15 months. In December 2013, he entered into a tenancy with Mr Pidgeon. Rent in advance and a deposit were provided by Wiltshire Council. In October 2014, Mr Pidgeon told Mr Akrigg’s former foster carer what good tenants he and his partner were. However, in November 2014, Mr Pidgeon gave a month’s notice. He was advised by Wiltshire Council that the notice was invalid. Mr Pidgeon was rude and angry about the advice. On 6 January 2015, he served a further notice. Wiltshire Council again advised him that the notice was invalid. On 2 March 2015, Mr Pidgeon attended Wiltshire Council and advised them that he was going to change the locks. He was advised that this would amount to an illegal eviction. He twice sought to cancel Mr Akrigg’s housing benefit claim on the untruthful basis that he was moving out of the premises. On 2 April 2015, Mr Akrigg went to stay for the weekend at his partner’s parent’s house. All his possessions were left in the premises and there was food in the fridge and electricity in the meter. On his return on 6 April 2015, he discovered that the locks had been changed and he was unable to gain access. Mr Pidgeon deliberately misdated documents to make it appear that Mr Akrigg had been out of the premises for a longer period than he had. On 9 April 2015, Mr Pidgeon returned the key to Mr Akrigg pursuant to a court order. Mr Akrigg claimed general, aggravated and special damages in respect of the unlawful eviction and harassment/breach of covenant for quiet enjoyment. Judgment in default for damages to be assessed was entered after the defendant’s failure to comply with directions.
Deputy District Judge Horsey assessed damages at £7,165 comprising:
(i)£500 for general harassment by entering the premises, serving the spurious notices, lying about the condition of the premises and attempting to cancel housing benefit;
(ii)£170 per night for the time away from the premises;
(iii)aggravated damages of £1500 as Mr Pidgeon had been repeatedly advised by Wiltshire Council about the invalidity of the notices served and lawful means of eviction;
(iv)£1000 exemplary damages as the defendant sought to recover the premises for his economic benefit and with a callous disregard for the claimant’s rights.
Alabbas v Uppelle
8 October 2014, Leicester County Court
Daily rate of £330 for time spent as street homeless; £110 when in a hostel
Mr Alabbas became Ms Uppelle’s assured shorthold tenant in April 2008. In April 2009 he complained to Ms Uppelle that water was leaking through to the kitchen from the bathroom. The ceiling partially collapsed as a result. No action was taken. Mr Alabbas complained to his local council’s Environmental Health Department, who in turn contacted Ms Uppelle. Her response was to serve notice requiring him to leave the property. He sought advice and was told the notice was invalid. Ms Uppelle then rang Mr Alabbas several times to urge him to leave, culminating in two calls in which she swore at him and made threats down the phone that his legs would be broken if he did not go. He did not leave but remained in the property. In September 2009, he was evicted by four men, acting at the instigation of Ms Uppelle. They entered the property using a key. One man had a knife. They shouted racist abuse, punched and beat Mr Alabbas and threatened to kill him. They said that the reason he was being evicted was that he owed rent. As a result, Mr Alabbas went to hospital, where he then stayed overnight. He spent the next 16 days street homeless, sleeping in the doorway of a local mosque, before then moving into unsuitable hostel accommodation for a further 160 days. At the hostel he had his own room but shared facilities with 10-15 others. During the assault, he sustained soft tissue injuries to his nose and was left with a small visible scar. He was treated by his GP for symptoms of PTSD for around two months after the eviction.
At trial, Miss Recorder McNeil QC awarded damages in the total sum of £34,209, comprised of:
(a)£1,000 for the pre-eviction harassment;
(b)£4,950 for the first 16 days post eviction during which time he was street homeless; calculated at £330 per night, being a sum at the top end of the usual scale and with the addition of a further 10 per cent to take into account the effect of Simmons v Castle [2012] EWCA Civ 1039; [2015] 1 WLR 1239;
(c)£17,600 for the 160 days during which he resided in a hostel; calculated on the basis of £110 per night for the whole of that period, and justified because Mr Alabbas had attempted to mitigate his losses by searching for alternative accommodation. The Recorder was also satisfied that it would have taken Ms Uppelle a significant period of time to evict Mr Alabbas lawfully given that no valid section 21 notice had been served as at the date of the unlawful eviction;
(d)£300 for the disrepair;
(e)£3,000 for the personal injuries;
(f)£3,000 aggravated damages;
(g)£2,500 exemplary damages;
(h)£230 special damages; and
(i)£1,629 interest.
Anslow v Hayes
15 October 2009, Manchester County Court
 
£7,000 damages for eviction resulting in tenant spending 73 days in unsatisfactory accommodation
Mr Hayes granted Mr Anslow a tenancy of a room in an HMO at a monthly rent of £350. On 1 September 2007, Mr Anslow moved in. He accrued a modest level of arrears and, as a result, Mr Hayes threatened to evict him. On 17 December 2007, Mr Anslow returned home to find that he was prevented from entering the property. He called Mr Hayes to ask that he be readmitted, but Mr Hayes refused to do so. Instead, Mr Hayes rang the police to tell them that he had been advised by a neighbour that someone was acting suspiciously outside the house, causing the police to seek to apprehend Mr Anslow. Mr Anslow sought help from a tenancy relations officer and from a solicitor who both contacted Mr Hayes on the telephone, but he refused to readmit Mr Anslow. Mr Hayes agreed that Mr Anslow could come and remove his possessions, but then decided to pack those items without Mr Anslow’s permission. He was forced to remain outside in the street while his girlfriend had to do her best to retrieve what she recognised as his from inside the premises. Some of his possessions, including items with a high sentimental value, were disposed of or otherwise removed without his consent. Mr Anslow spent a period of 73 days staying in cramped conditions with his then girlfriend, before he found alternative suitable accommodation of his own. In the subsequent claim for damages, Mr Hayes filed a defence, but then failed to attend trial.
Recorder Yip found that Mr Hayes’ actions were unlawful. She awarded the following:
General damages in the sum of £7,000 to compensate Mr Anslow for the 73-day period during which he had been deprived of occupation of his home.
£2,000 aggravated damages, taking into account Mr Hayes’ actions generally and the fact that he had been warned of the illegality of his conduct.
Exemplary damages in the sum of £1,000 (being a sum representing the costs Mr Hayes might have incurred were he to have sought legal advice and proceeded to evict Mr Anslow lawfully), plus interest and costs.
Arabhalvaei v Rezaeipoor
7 November 2007, Central London County Court
 
£188,000 damages for harassment and disrepair
Mr Rezaeipoor was a protected tenant of a one-bedroom flat which he shared with his wife. From 1995 until January 2006, when the claimant, his landlord, transferred the property to his former wife, Mr Rezaeipoor and his wife suffered as a result of disrepair at the flat and harassment from the claimant. The disrepair included penetrating damp, cracks to various internal walls and a leaking toilet and sink. The heating system was out of order at various times over the period in question, with the result that the property was without heating and hot water. The harassment comprised verbal abuse, disconnection of the water supply, nuisance telephone calls, locks to the property being filled with glue and, on one occasion, a window being smashed by a bottle. The defendant ignored four statutory abatement notices served by the authority in respect of the disrepair and letters from Mr Rezaeipoor’s tenancy relations officer warning him that his actions could amount to harassment. In 2000 Mr Rezaeipoor lost his job as a radio presenter with the BBC’s World Service as he was finding it increasingly difficult to leave his wife alone in the property. In 2004, the claimant issued possession proceedings based on rent arrears, and Mr Rezaeipoor counterclaimed for damages for harassment and disrepair. In August 2007 the claimant’s claim was struck out and the claimant was debarred from defending the counterclaim.
District Judge Taylor awarded damages of £188,526.21, calculated as follows:
Disrepair (50 per cent of the rental value of £455 pm over the period in question) £22,500.00;
Harassment (at the rate of £6,000 per annum) £46,500.00;
Loss of employment £67,500.00;
Special damages £2,601.68;
Additional special damages for heating, cleaning and related damages £2,325;
Aggravated damages £5,000;
Exemplary damages £5,000; and
Interest £37,099.53.
Aricioglu v Kaan
16 October 2009, Clerkenwell & Shoreditch County Court
 
£125 per day for unlawful eviction
Mr Aricioglu, a 25-year-old Turkish man, saw an advert in a Turkish magazine for a room. He visited the premises on 6 January 2009 and moved into one room on the first floor on the same day. The rent was £75 per week. He paid £150 deposit, and then £150 the next week for two weeks’ rent. On 27 January 2009, he lost his job. He informed the landlord, Mr Kaan, the following day that he could not pay his rent. He was told that he could not claim housing benefit. Mr Kaan gave him a week in which to find work. On 4 February 2009, Mr Kaan agreed to give Mr Aricioglu a further week. On 12 February 2009, a local authority tenancy relations officer wrote to Mr Kaan stating that he must not evict Mr Aricioglu without due process. In response, Mr Kaan again threatened Mr Aricioglu and said that he would be thrown out if he did not leave by 18 February 2009. He continued to harass him on a daily basis thereafter. Despite visits by tenancy relations officers, on 20 February 2009, Mr Aricioglu was forcibly evicted by Mr Kaan and three or four other men. He was pushed and kicked. He fell down the stairs. He was put on to the street and barred from re-entering while his possessions were packed and brought down to him. He suffered a bruise to his head and a cut on his shoulder. He was left shocked, alone and scared on the streets. The police were called but would not help as he had no tenancy agreement and Mr Kaan had retained his keys. He was assisted by a local authority councillor and obtained bed and breakfast accommodation over the weekend. On the following Monday, the same councillor found him a sofa where he could sleep for one night. He was then able, through friends, to find a place to stay for a short period. On 25 February 2009, he applied for re admittance and the case was adjourned to 4 March 2009. After the hearing, Mr Kaan and a friend, who had been at court, confronted Mr Aricioglu and threatened him to such an extent that he decided that he could not pursue the application for an injunction. He eventually found his own accommodation on 16 March 2009.
After a three-day trial, HHJ Mitchell awarded damages as follows:
Return of the deposit under Housing Act 2004 s214(3) and an order that the defendant pays three times the deposit £600;
Harassment before eviction £1,000;
Trespass to person, premises and property on 20 February 2009 £1,000;
23 days at £125 per night as a result of the eviction £2,875;
Aggravated damages to reflect the manner of the eviction, which was designed to cause maximum distress; and to reflect the threats on 25 February 2009, which were aimed to prevent the claimant pursuing the matter through the courts £2,500;
Exemplary damages as the defendant was plainly seeking to short circuit the procedure for obtaining possession and had been warned clearly about the illegality of his actions and had agreed not to evict the claimant. He was not only attempting to short circuit proceedings but to prevent the tenancy relations officers’ investigation into the issue £2,000;
Total £9,975.
In addition, the court ordered interest at ten per cent on the total damages for four months (ie, £332.50) and indemnity costs as there had been a Part 36 offer to settle for £5,000 to which the defendant had not responded.
Barrett v Two Angels Limited
30 October 2014, Bow County Court
£285 per night for time spent in hospital
Mr Barrett was a vulnerable 25-year-old with diagnoses of post-traumatic stress disorder, depression and anxiety stemming from childhood trauma. In January 2013, following a period of street homelessness, he was referred to and accommodated by Two Angels Limited, an organisation which provides supported living services for young adults with learning disabilities. He was granted an assured shorthold tenancy. Relations between Mr Barrett and Two Angels’ staff deteriorated over his time at the property. He felt under pressure in relation to rent payments and reacted badly to this. He felt that his mental health was deteriorating in consequence and on one occasion this resulted in him calling the police and an ambulance as he was concerned that he was becoming a danger to himself and others. A probation agreement was signed by him in February 2013 agreeing that he would abide by the rules of the unit or face eviction. Relations did not approve between the parties and on 7 May 2013, he was given a notice of eviction and asked to leave the accommodation immediately. He spent around three nights sleeping in the waiting room at Whipps Cross hospital, before his brother found him a temporary room in a property being refurbished by a friend. He stayed there for around three weeks. This was temporary stop-gap accommodation with no furniture, carpets or heating. He found stable accommodation on 29 May 2013. He claimed damages for unlawful eviction.
District Judge Rollason awarded damages of £8,805 consisting of general damages of £285 per night for the three nights at Whipps Cross hospital, £250 per night for the 19 nights in substandard unfurnished, unheated accommodation and £3,200 in aggravated damages.
Begache v Noreen
29 March 2016, County Court at Birmingham
£200 per night for time spent away from the property
Ms Noreen, a landlord, evicted her tenant, Mr Begache, who was a single man, while he was on holiday. Ms Noreen then began to use the property. District Judge Kelly made a final injunction protecting the tenant’s quiet enjoyment of the property, and awarded £6,675 in damages, calculated as follows:
£200 per night for the 16 nights the tenant had to stay elsewhere;
£300 for the period of perhaps one week while the tenant was on holiday, and unaware that he had been dispossessed, but the landlord was in possession (a sum greater than the amount of rent for that period);
£250 for the poor state of the property upon readmission;
£425 for missing possessions;
£1,500 in aggravated damages; and
£1,000 in exemplary damages.
Cashmere v Walsh, Downing and Veale
27 October 2009, Central London County Court
 
Damages included £47,000 s28 damages for assured tenant, not reduced by tenant’s behaviour where this was not the cause of the eviction
Mr Cashmere was granted an assured tenancy of a flat in the Docklands in 1990. In 2000, Ms Downing bought the flat as the bare trustee for Mr Walsh. Ms Veale was Ms Downing’s mother and a business associate of Mr Walsh. Between 2000 and 2003, the flat suffered from minor disrepair (a light pendant, windows and a storage heater in the living room did not work). In 2003, the second storage heater in the living room also became inoperative. In 2004, the bathroom was refurbished by Ms Downing, but thereafter the handle on the cistern kept breaking and the original vinyl flooring in the bathroom was not replaced. In June 2007, Mr Cashmere began to spend more time at his girlfriend’s home because of the defects to the flat. He was, nevertheless, still in occupation. Ms Downing and Ms Veale promised that they would carry out repairs. On 2 December 2007, they asked Mr Cashmere to move out for the duration of works. Mr Cashmere moved out and allowed the landlord to clear the flat of his belongings, which were piled in the corridor. The works were completed within a week; they included a new front door and a new lock. When Mr Cashmere asked for a copy of the keys so that he could move back in, he was told he could not have them as there were rent arrears. He made several attempts to call the defendants and went to their home but was sent away by Ms Veale. He contacted solicitors who wrote pre-action letters to each of the defendants demanding that he be allowed to return and that his belongings be restored to him. Mr Walsh indicated that he was now the owner of the flat and that he had a new tenant in the flat. The annual rent was £10,920.
In a claim for damages, HHJ Cowell found the defendants had duped Mr Cashmere into handing over the flat to them on the pretext of repairs being required and that although works had been done, there had never been any intention to return the keys to Mr Cashmere. He awarded damages against:
Mr Walsh (as the owner of the premises) in the sum of £73,215;
Ms Downing (as the co-owner until just before the eviction and as Mr Walsh’s agent at all material times) in the sum of £33,715; and
Ms Veale (as an agent of Mr Walsh with a controlling influence over the others) in the sum of £24,515.
The awards were calculated as follows:
£9,200 for disrepair. Damages of £1,200 for the first three years (ie, £400 per annum (four per cent of the rent)) and damages of £8,000 for the remaining five years (about 15 per cent of the rent).
£47,000 against Mr Walsh under Housing Act 1988 ss27 and 28. He had become the legal owner by the time of the unlawful eviction. Although Mr Cashmere had previously caused noise nuisance to his neighbours and had ‘historic’ arrears of about £7,000, it was plain from the evidence that neither of these factors was the reason for the eviction. Although the defendants had chased housing benefit (or assisted in doing the same) the evidence showed that it was not until the day on which they refused to hand over the keys to the flat that they first required Mr Cashmere to make any payments himself. The true reason for the eviction was the desire to sell the flat which was achieved following the unlawful eviction. It followed that no reduction was appropriate under section 27(7)(a) either by reason of the noise nuisance or by reason of the arrears.
£8,000 against Ms Downing and Ms Veale for their part in the deception and the refusal to hand over keys, which amounted to a trespass. Mr Cashmere had taken over 18 months to find suitable alternative accommodation.
£500 for the failure to return a deposit.
£6,515 against Mr Walsh and Ms Downing for the loss of Mr Cashmere’s belongings which were never recovered.
Aggravated damages of £10,000 against all three defendants.
Mr Cashmere had been duped into handing over access to the flat. He had even assisted in his own eviction by helping to store belongings in the communal corridor, a fact which the judge described as the consequence of an appalling piece of treachery. When told he could not have the keys, his belongings were left outside and were eventually dumped by the defendants. Mr Cashmere had no opportunity to recover them as he was never told where they were. In subsequent correspondence with Mr Cashmere’s solicitors, the defendants, who were plainly acting together, had lied about the whereabouts of his belongings, had denied the eviction and had denied control over the flat at the relevant time. They had also lied about a new tenant being put into the flat after the eviction, a lie that caused Mr Cashmere’s advisers not to pursue an injunction for reinstatement to the flat.
Deelah v Rehman
10 March 2011, Clerkenwell and Shoreditch County Court
 
Exemplary damages awarded on basis that costs of lawful recovery of possession would be high
From February 2009, Mr Deelah was an assured shorthold tenant in a shared first and second floor flat. He had exclusive possession of one bedroom with shared use of a kitchen and bathroom. He lived there with his wife and two sons aged 9 and 16. His landlord, Mr Rehman, ran a mobile phone shop downstairs. There were two other bedrooms in the flat. One of these was occupied by a friend of the landlord, Mr Zuhai, and the other by a couple of Mr Zuhai’s relatives. In June 2010, Mr Rehman asked Mr Deelah to take a tenancy of the whole flat. After he refused, Mr Rehman told him to leave, saying he had agreed to re-let the flat to Mr Zuhai’s relative. On 22 June, Mr Rehman came to Mr Deelah’s room with a neighbouring shopkeeper. The shopkeeper accused Mr Deelah of using his commercial waste bin and behaved aggressively. Later that day, Mr Rehman seized Mr Deelah’s forearm during a further row and twisted it. He threatened to change the locks and throw the family’s belongings into the street. On 20 July, Mrs Deelah returned with their 16-year-old son to find the locks had been changed. The son climbed over a fence to try to gain access. The landlord swore at him and threatened to kill him, approaching him with an iron bar.
The family was ineligible for homelessness assistance. They had to stay with a friend, sleeping on a sofa and the floor in the friend’s living room. The children missed school. Mr Deelah obtained an injunction without notice. Mr Rehman refused initially to readmit them, suggesting he had already re-let the flat. However, he later complied with the injunction. The family moved back in and recovered their belongings. Mr Rehman sought to defend the claim on the basis that Mr Zuhai, not he, was the landlord. His defence was later struck out for failure to comply with directions. He failed to attend the final hearing. There was evidence of further harassment after the injunction, including two occasions when Mr Deelah had been unable to get into or out of his room for short periods because the lock had been tampered with.
District Judge Millard extended the injunction and awarded damages as follows:
£1,000 for the four nights during which the family had been excluded (£250 per night);
£1,500 for the harassment before and after the eviction;
£1,500 aggravated damages; and
£2,500 exemplary damages, on the basis that the eviction had been intended to save the landlord the cost of court proceedings. The evidence suggested the property was probably an unlicensed HMO. The judge accepted that the costs of recovering possession lawfully were likely to be more expensive as a result.
Evans v Ozkan and Hussein
6 February 2009, Bromley County Court
 
Damages of £250 per day after evictionLegal Action 21Legal Action 37Legal Action 23Legal Action 32Legal Action 21Legal Action 29
Mr Evans was an assured shorthold tenant of a room at a weekly rent of £100. Before signing the tenancy agreement and handing over a deposit of £400 he told his landlords that he was receiving income support and would need to claim housing benefit. About a month later, delays in payment led to an intimidating visit by Mr Hussein who demanded £1,000 which Mr Evans did not have. On 21 March 2007, Mr Evans returned home to find some of his belongings on the pavement and the defendants and two other men throwing out more of his things. Mr Hussein was verbally intimidating. The police became involved and Mr Evans was arrested, but, on his release that evening, he found many of his belongings lying on the pavement, crushed or smashed. The lilo he had been using as a mattress was deflated and full of holes. Other possessions were missing. His ruined belongings smelled of urine. Mr Evans spent the night in his car, but returned the next day to find that the locks had been changed. The defendants followed Mr Evans to the local pub, threatened him with baseball bats and demanded £1,000, making it clear that he would not get his belongings back until he had paid. Further threats were made. Mr Evans applied to the council for homelessness assistance and was re-housed. In the intervening period he spent 63 nights without a home and his health deteriorated. He also suffered from thoughts of suicide. Mr Evans claimed damages for trespass, harassment and unlawful eviction. The defendants’ defence was struck out for failure to comply with directions. They appeared at trial and represented themselves.
After considering Tvrtkovic v Tomas August 1999 Legal Action 29 (Housing Law Casebook (HLC) 4th edition, O9.28); Bamberger v Swaby December 2005 Legal Action 21 (HLC 4th edition, O9.13); Poku-Awuah v Lenton February 2006 Legal Action 30; Hadden v Nicholson November 2006 Legal Action 32 (HLC 4th edition, O9.23); Diallo v Brosnan January 2007 Legal Action 23 and Daramy v Streeks June 2007 Legal Action 37, HHJ Hallan awarded general damages of £15,750 (£250 per day for the whole period that Mr Evans was homeless) and interest of £883.73 for the period from the day he was re-housed to the date of the hearing. The judge also awarded special damages of £5,000, aggravated damages of £1,000 and exemplary damages of £2,000 together with interest of £562.85 for the period from the date of the eviction to the date of the hearing. The judge considered that damages that would otherwise have been payable under the Protection from Harassment Act 1997 formed part of the award in aggravated damages. Exemplary damages were awarded because the defendants had sought to avoid the due process of law and the costs attendant on that.
Fakhari v Newman
7 January 2010, Woolwich County Court
 
£2,000 compensatory and £2,000 exemplary damages for harassment
Mr Fakhari granted Mr Newman a one-year, fixed-term tenancy in May 2008. The monthly rent was £985. A deposit of one month’s rent was taken and receipted, but was not protected by a tenancy deposit scheme. There were problems with the boiler from the outset. In December 2008, the boiler broke down completely leaving Mr Newman without heating and hot water until 17 June 2009, when hot water (but not heating) was restored. The property was also draughty because of defective windows that leaked during periods of heavy rain. From December 2008 onwards, Mr Fakhari and his sister made it clear that they did not want Mr Newman as a tenant. They telephoned and texted him continually. They tried to force him to sign a new tenancy agreement with an additional £500 per month rent. They threatened him and suggested that it was no longer safe for him to be in the property. They attended the property a number of times without appointment. Mr Fakhari’s sister told the police that Mr Newman had tried to blow up the property. Mr Fakhari claimed possession. Mr Newman counterclaimed.
On the counterclaim, District Judge Lee awarded the following:
£2,955 under Housing Act 2004 s214;
£9,250 for disrepair (viz: 25 per cent of rent for May 2008 to December 2008;
75 per cent of rent between December 2008 and June 2009;
43 per cent of rent from June 2009 onwards);
£2,000 for ‘harassment’; and
£2,000 in exemplary damages.
The total award was £16,205. District Judge Lee also ordered that the deposit be covered by one of the authorised tenancy deposit schemes within 28 days.
Gadzova v Adebambo
4 May 2017, The County Court at Manchester
 
Joint tenant entitled to damages for unlawful eviction even after other joint tenant’s claim decided
Ms Gadzova and her husband were joint tenants. In 2010, they and their children were unlawfully evicted by the defendant. As a result of the unlawful eviction, the family were forced to separate. Ms Gadzova and the children returned to Slovakia. In 2012, her husband began a civil claim for damages for unlawful eviction. Ms Gadzova later returned to the UK and applied at the commencement of trial to be added to the claim. That application was refused by the judge. Her husband’s claim succeeded and he was awarded £13,800 damages: £5,000 general damages, £5,000 aggravated damages, £2,500 exemplary damages and £1,300 special damages. In 2016, within the limitation period, Ms Gadzova made her own claim. Judgment on liability was obtained in default of service of a defence. The landlord then applied to set aside the default judgment, arguing that full compensation for the unlawful eviction had been provided through the 2012 proceedings.
HHJ Stockdale QC accepted Ms Gadzova’s submission that bringing a second claim in the circumstances was not an abuse of process. She had tried to be added to the previous claim (albeit very late). She had given no indication that she was not planning to litigate. On quantum, the judge also accepted her submission that while exemplary damages had adequately been dealt with in her husband’s case, she was entitled to general, special and aggravated damages in her own right. He awarded £7,500 general damages and £5,500 aggravated damages, taking into account the effect on her children, since they had, after the eviction, lived with her, not her husband. The children were not parties to the tenancy and therefore had not claimed in their own right. He awarded £850 for trespass to goods.
Grillo v Cant and Bassairi Ltd
March 1998 Legal Action 13, Central London County Court
 
Damages for loss of assured tenancy
The plaintiff was an assured tenant of a room. Six months after the grant of the tenancy and shortly after the second defendant had bought the property, the first defendant, the company secretary, evicted the tenant and left her belongings on the communal staircase in black dustbin bags. The tenant spent two nights sleeping on the communal staircase to look after her belongings and then two weeks on a friend’s sofa. She was then only able to find accommodation let on an assured shorthold tenancy. The first defendant was fined £250 for illegal eviction.
HHJ Butter QC awarded £6,000 damages for loss of the assured tenancy, £2,000 for the manner of the eviction, £1,000 exemplary damages and £45 special damages.
Hahn v McLeary
17 December 2013, Bristol Civil Justice Centre
 
Daily rate of £250 for time spent on the streets
Mr Hahn was an assured shorthold tenant of a single room. On 2 February 2012, Mr McLeary, his landlord, gave Mr Hahn a handwritten note giving him a date on which to vacate the property. No proper notice was served pursuant to Housing Act 1988 s21. On 9 February 2012, Mr McLeary sent Mr Hahn a text message saying ‘taking the piss starting to clear flat in 10 minutes’. Mr Hahn was not at the property at the time. He rushed back to find that the locks had been changed. In addition, at some point, his possessions were removed and placed outside the property. Some of these were lost and some were damaged. Mr McLeary was subsequently advised by the tenancy relations officer of the local authority that he should allow Mr Hahn to re-enter the property. He refused. Immediately following the eviction, Mr Hahn was street homeless for around eight days and spent a further four days sofa-surfing with friends. Following this, he was assisted by a local outreach team who helped him find a place at a Salvation Army hostel. However, the conditions at the hostel were poor. The room was infested with bed bugs and had to be fumigated during Mr Hahn’s stay. As a result of the conditions at the hostel, Mr Hahn caught scabies. With the assistance of the staff at the hostel, Mr Hahn was able to obtain an assured shorthold tenancy on 11 June 2012, having spent about 111 days in the hostel. Mr Hahn issued a claim for unlawful eviction. Mr McLeary did not participate in proceedings and judgment was entered in default.
Following a trial on the issue of quantum, Mr Hahn was awarded general damages of £13,764 consisting of £250 per night for the time when he was street homeless, £166 per night for the time sofa-surfing and £100 per night for the time in hostel accommodation, on the basis that the conditions in the hostel were particularly unpleasant. In addition, he was awarded £2,000 for aggravated damages, £1,600 for exemplary damages and £852 for special damages. The award of exemplary damages was low in the range as there was no direct evidence of the landlord’s motives, but it was taken as given that his intention had been to profit by avoiding the cost of legal proceedings.
Henson v Blackwood and Blackwood
29 June 2012, Mayor’s and City of London County Court
 
Damages for harassment, eviction and time spent away from the propertyLegal Action 25; 13 March 2009, Bury County CourtLegal Action 31; 29 April 2009, Willesden County Court
On 6 April 2009, Mr and Mrs Blackwood granted Miss Henson an assured shorthold tenancy of a flat. She was 21 and moved in with her young daughter. Later that year, she became pregnant. Her pregnancy was complicated. On 24 March 2010, the landlord’s agent served a Housing Act 1988 s21 notice. On 4 June 2010, the day before the notice expired, Mr Blackwood attended the flat and rang the door buzzer. He shouted that Miss Henson was to leave the flat the next day. He became aggressive. On 5 June 2010, a man, believed to be Mr Blackwood’s brother, rang Miss Henson’s door buzzer continuously for five minutes. She left the flat shortly afterwards. When she returned, the supply of gas, water and electricity had been disconnected. As a result, her daughter had to stay at a friend’s house that night. Some of her possessions were missing, including a TV and video recorder. The following day, Miss Henson left the flat to collect her daughter. When she returned, the locks had been changed and she could not gain entry. As a result, she had to stay with her friend that night.
On 7 June 2010, Miss Henson’s solicitors sent a letter before action to the agent, warning that, unless she was readmitted and all services reconnected, she would seek an injunction. The agent wrote to the Blackwoods warning them that they had acted unlawfully. The Blackwoods did not reply. Miss Henson issued a claim for damages and an injunction requiring the Blackwoods to readmit her to the flat. The injunction was granted and served on the Blackwoods later that day. The following day, Miss Henson’s solicitors were informed by the agent that Mr Blackwood had re-let the flat and left Miss Henson’s belongings in the hallway. The agents said that Mr and Mrs Blackwood were not prepared to re-admit her. Mr Blackwood had not in fact re-let the flat. He eventually agreed to provide Miss Henson with keys for the new lock. When a friend visited the flat on 9 June 2010 she found that Miss Henson’s belongings had been placed in bin bags in the communal hallway. Her food had been cleared from the property and someone else had been cooking there. Miss Henson felt unable to return to the flat and stayed with her mother for a week.
On 14 June 2010, Miss Henson received a threatening call from Mr Blackwood, in which he told her that she should not have ‘got other people involved’ and that he would be ‘sending more people’. As a result of that call, Miss Henson did not return to the property until 15 June 2010. When she did so, she discovered that someone had changed the locks. She continued to receive nuisance calls from Mr Blackwood. Eventually, she had to change her telephone number. About a week after moving back in, a man and woman, believed to be Mr Blackwood’s brother and a female friend, let themselves into the flat. Miss Henson was in her underclothes. The man abused Miss Henson verbally and the woman attempted to assault her. On 14 November 2010, Miss Henson discovered that someone had applied glue to the outside of the Yale lock on the door to the flat. She was able to gain entry to the flat nonetheless. She later moved out of the flat.
HHJ Birtles awarded Miss Henson £9,870 damages and interest. He found that the claim for general damages broke down into three distinct periods and awarded:
£2,000 for pre-eviction harassment, relying on awards (updated for inflation) made in Daramy v Streeks (Lambeth County Court, 15 November 2006) and Khan v Iqbal (Bury County Court, 13 March 2009);
£1,000 for the eviction itself and the three nights for which Miss Henson could not enter the flat; and
a further £2,000 for the harassment that Miss Henson suffered thereafter.
He also awarded Miss Henson £2,000 by way of aggravated damages and £2,000 by way of exemplary damages, relying on awards (updated for inflation) made in Khan v Iqbal and Salah v Munro (Willesden County Court, 29 March 2009). He assessed special damages at £500 and ordered the Blackwoods to pay interest of £370.
Hunt v Hussain
31 July 2009, Epsom County Court
 
Psychiatric damages awarded following unlawful eviction; daily rate of damages limited to period before landlord would have lawfully been able to regain possession
Mr and Mrs Hussain were husband and wife. Mr Hussain was the freehold owner of a house. In May 2003, Mrs Hussain granted Mr Hunt an assured shorthold tenancy of a room at a weekly rent of £90. After three months, Mr Hunt lost his job and needed to apply for housing benefit. Mrs Hussain told him that he had to leave. Epsom and Ewell’s Environmental Health Department wrote warning her that she required a court order. Despite this Mr and Mrs Hussain changed the locks and refused to readmit him. Mr Hunt, who was aged 45, was street homeless for some three months before he was able to secure alternative accommodation. Occasionally, he stayed with friends. Most of the time he slept in a broken down car or slept where he could in his sleeping bag. He suffered from bronchial asthma which was worsened by living rough. He developed depression and feelings of self-harm. Some four years after the eviction, a psychiatrist confirmed that he was suffering from severe depression, agoraphobia and paranoid ideation. He was not fit to return to work and it was difficult to predict whether he would become fit to work in the future. The psychiatrist concluded that the trauma of the eviction on someone with his background and personality had generated this radical deterioration in his mental health. The local authority prosecuted Mrs Hussain under Protection from Eviction Act 1977 s1. She was fined £300 and ordered to pay costs of £250. In civil proceedings, relying on breach of contract and tort, judgment in default was entered against Mr and Mrs Hussain.
HHJ Reid QC awarded damages totalling £56,678 under the following heads:
the eviction: damages were assessed at £125 per day over a period of 65 days. The judge was not willing to assess damages over the full period of 76 days that Mr Hunt was homeless on the ground that Mr and Mrs Hussain could have lawfully determined the tenancy by serving a Housing Act 1988 s21 notice;
damages for personal injury were assessed at £45,000. The judge had regard to the Judicial Studies Board (now Judicial College) guidelines on awards for psychiatric damage. He also had regard to the adverse impact of the homelessness on Mr Hunt’s asthma. The judge was satisfied that it fell into the most severe category of psychiatric damage for which the guideline is between £35,000 and £74,000. However, it was apparent that Mr Hunt was particularly vulnerable as a result of his unsettled background. The judge was satisfied that he had a predisposition to mental health problems. He was not persuaded that the case was covered by the eggshell skull principle. Damages were therefore not assessed at the top end of the scale;
special damages were awarded in the sum of £100 (£730 was claimed);
interest of £3,453; and
the judge granted a freezing injunction restraining Mr Hussain from dealing with the two properties in which he still retained a beneficial interest.
Hussain v Mir
6 July 2012, Clerkenwell and Shoreditch County Court
 
Daily rate of £300 per night for sleeping on the floor of a friend
Mr Hussain, a single man, was the assured shorthold tenant of one room, with shared facilities, in a house in multiple occupation (HMO). The initial tenancy was granted on 19 July 2010 at a rent of £350 per calendar month for six months. On the expiry of that fixed term, a new fixed-term tenancy agreement was granted, at the same rent, for a period of one year, expiring on 18 December 2011. There were six other rooms in the property, each let on separate tenancies.
On 3 July 2011, Mr Mir, the landlord, visited the property and told the occupants that they had to move out. He claimed that he had not received rent (which had been paid to his agent). The following day, Mr Mir returned to the property. Some of the tenants had left, but Mr Hussain and two others remained in occupation. Mr Mir told them to leave. Mr Hussain went out to buy food. On his return, Mr Mir and the lettings agent were outside the property. They again told him to leave and a locksmith changed the lock to the front door. Mr Hussain tried to get into the front garden, but the agent pushed him. After Mr Hussain had called the police, the agent attacked him. He pushed him violently and he fell to the ground. The agent kicked him in the back and chest. Mr Hussain suffered soft tissue injuries to his neck and back and grazes to his elbows. He telephoned for an ambulance and was taken to hospital. He was discharged from hospital later that evening. On his return to the property, he was allowed into the property by one of the other tenants to collect his belongings but was not permitted to remain. He stayed with a friend for 29 nights, sleeping on the floor. He then made an application for homelessness assistance and was provided with temporary accommodation in a hostel. He was still living in a hostel some five months later. Some six weeks after the eviction, the property was on the market as available to rent under one tenancy for the whole of the property. Mr Mir did not file an acknowledgement of service and judgment in default was obtained. Mr Mir did not attend the assessment of damages hearing. District Judge Stary awarded the following damages:
£1,000 for the assault;
general damages for breach of covenant of £300 per night for 29 days sleeping on the floor/sofa and £190 per night for 14 nights in the hostel, taking into account that Mr Hussain had a duty to mitigate his loss and so damages should not be awarded for the whole of the remainder of the fixed-term tenancy (total £11,360);
aggravated damages of £2,000;
exemplary damages of £1,800 because Mr Mir had avoided the legal costs of evicting by falsely claiming failure to pay rent as an excuse to evict.
Isaac v Parke
15 February 2017, County Court at Edmonton
 
£200 per night for time spent in a hostel
In January 2011, Mr Parke granted Mr Isaac an assured shorthold tenancy of a flat at a monthly rent of £850. On 13 November 2015, Mr Isaac travelled to Belize. During this time, he accrued rent arrears of £100. When he returned to the property on 16 February 2016, he found that the locks to the flat had been changed. An injunction for re-entry was refused as the flat had been re-let. Mr Isaac then spent seven weeks in a hostel before finding alternative accommodation.
Deputy District Judge Ramsden found that Mr Isaac had been unlawfully evicted. The case was not as serious as some because there was no actual or threats of violence or threats of violence. Mr Isaac was awarded general damages at the rate of £200 per night for the time spent in the hostel, exemplary damages of £3,000 and aggravated damages of £500.
Kazadi v Martin Brooks Lettings Estates Agents Limited and Faparusi
Edmonton County Court, 14 May 2015
£175 per day and £1,300 for assault and false imprisonment
Mr Kazadi was granted an assured shorthold tenancy on 25 March 2006. The monthly rent was £650. There were problems with the central heating system from the outset, which was not fully functional, and the toilet, which did not flush properly. A number of reports were made to the managing estate agents over the course of the tenancy. On 8 January 2014, an employee of the managing agents visited Mr Kazadi. He tried to force his way into the property, was abusive and told Mr Kazadi that he would be evicted. Mr Kazadi told him that he would not leave until the correct legal process had been followed. On 11 January 2014, Mr Faparusi came to the property accompanied by a group of eight men. Mr Kazadi’s visitors were thrown out of the property and on Mr Kazadi’s return, he was held down by the group. Following a struggle, a bladed article was held up close to one of his eyes. He was told that if he continued to struggle, he would lose his eye. Mr Kazadi was held in the flat until the police arrived some 20-25 minutes later. The police escorted Mr Kazadi out of the property after giving him a few minutes to collect some belongings, but would not help him regain entry to the property. Later that evening, Mr Kazadi was contacted by an agent of Mr Faparusi and told to collect his possessions. On his arrival, his belongings were thrown out of the window and onto the street. However, not all his possessions were returned. Mr Kazadi was forced to sofa surf with friends for 277 days until securing alternative accommodation due to his student status and reliance on housing benefits. Mr Kazadi’s solicitors contacted the managing agents on a number of occasions requesting disclosure of the identity of the landlord and that Mr Kazadi be readmitted to the property otherwise proceedings would be issued. No reply was ever received with the result that an injunction and an order under Landlord and Tenant Act 1985 s1 was sought against the managing agents. At the injunction hearing Mr Kazadi was not readmitted to the property, but Mr Faparusi was added as a defendant in absentia, following the agents notifying the court of his involvement.
The managing agents failed to file a defence and were debarred from defending. Mr Faparusi’s defence was later struck out for breach of an unless order.
At the disposal hearing, District Judge Silverman made an award against Mr Faparusi as follows:
£1000 for the assault on 11 January 2014;
£300 for the false imprisonment;
£4,450.52 in special damages for the possessions which were never returned;
£6,825 for disrepair based on a 15 per cent reduction in rent over a period of 70 months;
£31,850 for unlawful eviction at a rate of £175 per day for 186 days (the six months it would have taken for the landlord to gain possession lawfully);
£3,000 aggravated damages;
£2,000 exemplary damages.
The managing agents were ordered to pay £400 for the pre-eviction harassment and 5 per cent of the costs for their failure to comply with Landlord and Tenant Act 1985 s1.
Keddey v Hughes
12 March 2010, Sheffield County Court
 
Exemplary damages took account of warnings to landlord and higher rent landlord obtained after eviction
Mr Keddey lived in a property from 2005. In mid-June 2007, he took on the tenancy for himself, when his mother moved out. The defendant landlord claimed that Mr Keddey agreed to move out in October 2008, and entered into an agreement with new tenants. However, Mr Keddey decided not to move out. The defendant attended at the property and assaulted Mr Keddey twice. Later, the defendant came back and entered the property with three other men. Mr Keddey was assaulted again and then physically ejected, although he returned to the property later the same day. Later in the month, he returned home to find the defendant inside the property packing up furniture. Many of his possessions had been placed in bin liners, and others had been damaged. He decided to leave and not return. He stayed in bed and breakfast accommodation for three to four weeks before securing accommodation under Housing Act 1996 Part 7.
In a claim for damages, Recorder Khan made the following awards of damages:
£165 per night, for a period of 28 days following the unlawful eviction (total £4,620);
£1,500 for harassment and trespass to person and property;
£1,000 in aggravated damages. Such an award was stated to be ‘entirely fair’;
£2,000 in exemplary damages. The ejection from the property had been public, upsetting and humiliating. Recorder Khan found that the defendant had been warned by the local authority against evicting Mr Keddey without following court procedures. Furthermore, he accepted that he had been told to ‘tread carefully’ and demonstrated clear knowledge of the statutory framework of the Housing Act 1988. The court also noted that the rent sought from the new tenants exceeded that paid by Mr Keddey. The court made reference to the principle that exemplary damages can be awarded in order to teach a wrongdoer ‘that tort does not pay’ (Rookes v Barnard [1964] AC 1129); and
£750 for special damages.
Khan v Iqbal
May 2009 Legal Action 25; 13 March 2009, Bury County Court
 
Damages for harassment and £100 per day for eviction where accommodated under Part 7
Ms Khan occupied premises as an assured shorthold tenant at a rent of £650 per month. She lived with two children aged 15 and 12. She fell into arrears of rent. The landlord and his sons interrupted the supply of electricity and central heating and cut the telephone line. They made demands for rent. The landlord attended the premises and verbally abused Ms Khan. On 10 May 2008, one of the landlord’s sons entered the property and began removing Ms Khan’s belongings. Ms Khan protested and telephoned the police. Two PCs arrived and assured her that she could return to collect her belongings and gave her a telephone number for a women’s refuge. The council accommodated her and both children in B&B accommodation immediately. When Ms Khan returned to the property, she found that the locks had been changed. Most of her possessions were missing or damaged.
HHJ Tetlow awarded £2,000 in respect of harassment up to 9 May 2008 against the landlord and his two sons on the basis that they were jointly and severally liable. He also awarded £10,200 (102 nights at £100) in respect of unlawful eviction; aggravated damages of £2,000; exemplary damages of £3,000; and special damages of £2,338.32.
Lopes and Alves v Singh and Singh
14 February 2013, Bristol County Court
 
Daily rate of £300 for time staying with friends, in hotel and the car
Ms Lopes and Mr Alves were assured shorthold tenants of a house which they rented from Mr Singh. The second defendant was his brother-in-law. The tenants paid the full rent for the first month, but were then unable to pay the rent because they had been given very little work by the agency for which they worked. On 28 August 2012, the defendants changed the locks at the property and refused to readmit Ms Lopes and Mr Alves. Their belongings were withheld. Ms Lopes was 18 weeks pregnant. On the first night after their eviction, the couple stayed in a hotel. For the next nine nights they stayed at friends, although for three nights they were forced to sleep in their car. Following the three nights spent in the car, Ms Lopes had to receive hospital treatment for a bladder infection. On 31 August 2012, Ms Lopes and Mr Alves obtained an injunction ordering their immediate readmission to the property and prohibiting any destruction or disposal of goods. The defendants refused to readmit the couple until they had paid the outstanding rent, although they were allowed to retrieve their goods. On 6 September 2012, Ms Lopes and Mr Alves surrendered their tenancy because the defendants were still refusing to readmit them to the property. They then went to stay at another friend’s house.
Deputy District Judge Close awarded damages of £10,472.75. She awarded £3,000 at £300 per day for the ten days until the surrender of the tenancy. She made a further award of £2,100 at £25 per day for the 84 days following the surrender of the tenancy until the six month assured tenancy would have expired because Ms Lopes and Mr Alves then lived in inferior accommodation, without security of tenure. She awarded Ms Lopes £2,000 in aggravated damages and Mr Alves £1,750 in aggravated damages. She made an award of £1,500 in exemplary damages. An award of £122.75 was made for the costs associated with staying at the hotel.
Naveed v Raja
10 May 2007, Willesden County Court
 
£15,000 aggravated and exemplary damages where tenant assaulted
Mr Naveed was an assured shorthold tenant. In December 2005 he was injured in a car accident and had no means of paying rent. He asked the defendant, his landlord, to provide him with a new tenancy agreement so that he could claim housing benefit. The defendant refused and, instead, served a Housing Act 1988 s21 notice. On the day that the notice expired, the defendant’s father, who was managing the property, and three other men assaulted the claimant and evicted him. They took all his property. He slept for three nights in a car. After obtaining an injunction, he was readmitted to the property, but his belongings were not returned. Three weeks later he was again assaulted by three men, one of whom had been with the defendant’s father on the previous occasion. Mr Naveed was beaten with sticks, and sustained injuries to his head, body and legs. He was kept in hospital overnight. He was too scared to return to the property.
HHJ Copley awarded £10,000 general damages, £15,000 aggravated and exemplary damages and £2,000 special damages for lost possessions.
Neil v Kingsnorth
March 1988 Legal Action 21, Shoreditch County Court
 
Quantum of damages for misrepresentation
The landlord brought possession proceedings under Rent Act 1977 Sch 15 Case 9, claiming that she intended to live in the premises. However, after a possession order was made, she sold the property and it was converted into four flats. In proceedings brought under Rent Act 1977 s102, interlocutory judgment was obtained in default of a defence and, at the hearing for assessment of damages, the court heard from a local estate agent that the likely profit which the landlord had gained by obtaining vacant possession was in the region of £10,000.
Registrar Lipton awarded the plaintiff special damages of £170, general damages of £750 for worry and inconvenience (she subsequently found better accommodation) and exemplary damages of £5,000.
Odera v Iqbal
3 September 2009, Luton County Court
 
Tenancy not surrendered despite tenant indicating she had new accommodation
The claimant was the assured shorthold tenant of a room in a three-bedroom house with shared, common amenities. From August 2007, she lived there with her 11-year-old daughter. The defendant was the landlord. There was no written agreement. Ms Odera claimed that throughout her tenancy the defendant harassed her by entering the premises unannounced and without warning. In January 2008, he gave her a defective notice seeking possession. She began looking for alternative accommodation. On 17 February 2008, she packed her belongings and told the defendant that she was on her way to collect the keys for her new accommodation. However, the new landlord would not give her the key to the promised accommodation as her deposit was short by £60. She returned to the premises about 8 pm. Later, the defendant and another man removed her belongings and placed them outside the front of the property. He dragged both the claimant and her daughter out of the bedroom, down the stairs and outside. They remained there for approximately an hour and a half. Although the police were called, they accepted the defendant’s word that the claimant had no right to remain in the premises, but requested that he store her belongings until she could collect them the next day. She spent the night in emergency accommodation, and then stayed with her sister in Watford for three days. When the claimant returned to the premises to collect her belongings, she discovered that they had been discarded in the back garden and were soaked and rain damaged.
HHJ Kay QC accepted the claimant’s evidence. He found that she had been subject to harassment from the defendant after the expiry of the invalid notice to quit on 6 February until her eviction on 17 February. The judge accepted that the claimant and her daughter were assaulted. He found that although the claimant had hoped, was ready to and intended to vacate the premises, she had not formally surrendered the tenancy; she had not handed over the keys and did not do any unequivocal act amounting to a surrender. The judge accepted that her belongings were damaged in the way alleged. He ordered an enquiry concerning damages for the value of the belongings, to be the subject of a later hearing. In the interim, he awarded general damages of:
£500 for breach of covenant for quiet enjoyment and trespass for the two weeks before eviction;
£1,000 for the assault and method of eviction;
£1,500 aggravated damages, particularly given that the claimant’s daughter witnessed, and was subject to, an assault; and
£1,000 exemplary damages because the defendant sought to increase his income by obtaining new tenants who could pay the full rent for the entirety of the premises.
Subsequently, the parties agreed a figure of £750 by way of special damages.
Ogle v Bundhoo
25 June 2009, Mayor’s and City of London County Court
Daily rate of £167 in B&B and £334 sleeping rough
The claimant was the assured shorthold tenant of a bedsit. He shared a kitchen and bathroom with four other residents. He had paid the defendant, his landlord, a rental deposit. The claimant fell into two months’ arrears with his rent and was advised by the defendant that he wanted him to leave the premises. The defendant left a letter for the claimant stating that the tenancy had ceased. The claimant contacted the defendant and told him that he could clear the arrears, but the defendant said that he wanted him to leave. The same day, the claimant, after visiting a Jobcentre, returned to find that the lock to the house had been changed and that he was unable to access his room or his belongings. The defendant refused to allow him to re-enter the premises. He did offer to allow the claimant to collect his belongings, which had been placed outside his room, but as the claimant was now homeless he had nowhere to store them. The claimant went to a Citizens Advice Bureau (CAB) but the defendant would not speak to the CAB adviser. After spending 13 nights in a bed and breakfast (B&B) hotel and seven nights sleeping rough, the claimant instructed solicitors who obtained a without notice injunction. On being served with the injunction, the defendant allowed the claimant back into the premises. In his defence, the defendant accepted liability for the cost of the B&B and for three times the rent deposit because it had not been placed with a rental deposit scheme. He denied that the claimant was entitled to any other damages. The day before trial, the defendant sought an adjournment in a faxed letter to the court. He had already been debarred from adducing evidence for his failure to comply with directions.
HHJ Birtles refused the application for an adjournment. He awarded damages for breach of the covenant for quiet enjoyment and trespass at the rate of £167 per night for the nights that the claimant was in the B&B, and £334 per night for the nights that the claimant was sleeping rough. He awarded special damages of £1,054, made up of three times the rental deposit and the cost of the B&B. HHJ Birtles awarded aggravated damages of £2,300 and exemplary damages of £1,400. He also awarded interest at the rate of eight per cent on the damages, extended the injunction for a further year and reserved any application to set aside judgment to himself. The defendant was ordered to pay the claimant’s costs.
Oyzen v Bell-Gam
11 July 2012, Croydon County Court
 
Daily rate of £200 for 70 nights
Mr Oyzen was the assured shorthold tenant of a one-bedroom flat. Before moving in, he viewed the premises and noted that they were dirty. On arrival at the premises on 21 January 2011, there was no electricity or gas supply. The meters were in a part of the building controlled by the landlady, to which Mr Oyzen did not have access. The landlady returned on 23 January 2011 with £20 on the electric key and told Mr Oyzen that he would have to pay her back.
On 24 January 2011, Mr Oyzen tried to use the washing machine, but water poured out and he heard the sound of sparking. He contacted the fire brigade, which attended and was able to gain access to the part of the building where the meters were located in order to turn off the electricity supply. The landlady attended the following day with her son. She shouted at Mr Oyzen and accused him of having ‘wrecked her property’. She continued to shout and wave her arms about in an erratic manner. She subsequently told him to get out. Mr Oyzen was forced to sleep on the streets as he had no other accommodation available. Except for a period of three weeks when he was able to stay in a hostel arranged by St Mungo’s, he was living on the streets from 25 January 2011 until 5 April 2011.
District Judge Major awarded the following damages:
general damages following the unlawful eviction at the daily rate of £200 for 70 days (total £14,000);
aggravated damages of £2,000;
exemplary damages of £1,500; and
interest and costs.
Premier Property Management v Adia
19 December 2013, Bromley County Court
 
£1,500 for assault and £300 daily rate for night spent in hotel
Mr Adia was the assured shorthold tenant of Premier Property Management between October 2011 and November 2012. The annual rent was £9,360. He defended a claim for rent arrears and counter-claimed for damages for breach of repairing covenant, assault, and breach of covenant of quiet enjoyment. The claimant did not file any acknowledgment of service to the Part 20 claim and so judgment in default was entered. The claimant did not attend the assessment of damages hearing.
The claim for damages for breach of repairing covenant included a leak through the kitchen ceiling. After a few months, the kitchen ceiling began to crumble and crack, and there were pools of water on the floor. The ceiling had been replastered after eight months, but the leak continued. There was also a defective drain in the side passage of the ground floor flat, so that the passage flooded constantly. In addition, there was an infestation of mice, gaining access through holes to the exterior. All of those defects were present throughout the whole of the tenancy. The shower did not work properly for the first nine months of the tenancy.
Furthermore, while Mr Adia was away from the property for around one week, leaving his niece in occupation, the claimant changed the lock. When Mr Adia returned and went to the agents’ offices to ask about the key, one of the managers started shouting and swearing at him. Another member of staff punched him hard in the face, knocking off his glasses, while a third member of staff blocked the exit to the room. The key was not returned. That night, Mr Adia managed to find cheap hotel accommodation. The following day, he instructed solicitors, who spoke to the claimant’s agents.
They did not agree to reinstate him. He could not afford to pay for a hotel for a second night and wandered the streets until he went to work at 2 am. On the third day, the agents agreed to give him the key, but when he went to the office, he was told to sign a document saying that he was in breach of his tenancy agreement. He refused to do so. After his solicitor had telephoned again, Mr Adia was told he could collect the key at 7 pm. When he collected the key and tried to open his door, he discovered that it was the wrong key. He managed to stay the night with a friend. On the fourth day, the agents again agreed that he could collect a key, but when he did so, he was told to wait. After about two hours, he was still not given a key, but he was threatened by the manager gesturing towards him, with his hands in the shape of a gun, saying ‘I’ll kill you’. He was very frightened and reported it to the police. Eventually, after his solicitors had intervened again, the agents agreed to deliver the new key to the solicitors’ office. When Mr Adia was able to get back into his flat, he discovered that £1,400 cash plus two laptops had been removed.
District Judge Wilkinson described both elements of the Part 20 claim as ‘appalling conduct’. District Judge Wilkinson awarded:
40 per cent diminution in value for breach of repairing obligations, excluding the shower: £3,744 and £1,000 per annum for the defective shower, an additional £637, total: £4,381;
£1,500 for the assault and threat to kill;
general damages of £200 for the first night in a hotel and £300 for the second and third nights;
aggravated damages of £2,500; and
exemplary damages at £2,000.
He also awarded the whole of the special damages claim plus interest at 2.5 per cent.
Pyne v Aryeetey
12 April 2013, Wandsworth County Court
 
£1,000 for pre-eviction threats and £300 daily rate where tenant had no access to toilet or washing facilities
Ms Aryeetey, a single mother with two young children, was the assured shorthold tenant of a flat which she rented from Ms Pyne. Ms Pyne served a notice to quit and at the same time sent men to threaten Ms Aryeetey to try to make her vacate the property. She later disconnected water, gas and electricity, removed the toilet and washbasin, and left a notice telling Ms Aryeetey that if she found her there next time she visited she would change the locks. Ms Aryeetey continued to live in the premises, with her children, without water, lighting or heating for 23 days, taking the children to a nearby McDonald’s to use the toilet and using bottled water. She then managed to move with the children to live in a single room at a new address. Later, Ms Pyne aggressively and noisily threatened Ms Aryeetey at her church at the end of a service in front of the congregation, demanding unpaid rent, until the police were called to restrain her. Ms Pyne sued for unpaid rent and Ms Aryeetey counterclaimed for unlawful eviction.
After trial, District Judge Jones found that Ms Aryeetey owed £1,200 in rent, but she recovered damages on her counterclaim as follows:
£1,000 for the pre-eviction threats;
£300 per day during the 23 days when she was living in the flat without toilet or utilities, totalling £6,900;
£100 per day for a further 40 days during which the defendant was living in the new single room but would still have been in the property, but for Ms Pyne’s interference, totalling £4,000;
£2,000 for the harassment in front of the church congregation; and
£2,000 exemplary damages.
The total award on counterclaim was £15,900.
Rubio-Manzano v Ace Lettings and Pedonomou
17 April 2008, Clerkenwell and Shoreditch County Court
 
£6,000 compensatory and aggravated damages for harassment including threats and assault
From May 2001, Ms Rubio-Manzano was an assured shorthold tenant of a two-bedroom flat on the upper two floors of a three-storey property. The second defendant was a director of the first defendant but neither was the landlord or legal owner of the premises. Throughout the tenancy there was substantial disrepair:
the radiator in the hallway leaked causing damp staining to the carpet and fungus growth;
there was a leak to the bathroom ceiling;
there was a mice infestation;
the banister rail was loose and dangerous;
the windows were in disrepair and draughty;
the state of decoration was poor; and
the oven and grill did not work.
The claimant later relied on a schedule prepared by the council’s environmental health department. Despite numerous complaints by the tenants, the defendants failed adequately to do more than simple cosmetic improvements which, in general, deteriorated. In December 2002, the claimant telephoned the first defendant to complain that the radiator had not been repaired. She informed one of the directors of the company that she would withhold the rent until the radiator was fixed. The second defendant then took the telephone to say that he would evict the tenants if they failed to pay. On 15 January 2003, three men arrived at the property, forced their way inside and demanded that the tenants paid £2,500. When one of the tenants tried to telephone the police, one of the men snatched the telephone out of his hand and ripped the line from the wall. As the three men were leaving, one of them kicked the door, knocking over another tenant and the subsequent collision caused the tenant to suffer a 2 cm abrasion. The police later attended and advised them to change the locks. The tenants reported the harassment to the tenancy relations officer. On 30 January 2003, the defendants arranged for a letter to be hand delivered by MAS Debt Collecting Service. This stated that the defendants had authorised whoever delivered the letter to enter the premises and seize the tenants’ goods. The notice was served by an associate of the second defendant who had used a fictitious business name and address and claimed to be a certificated bailiff. The claimant was so fearful that she left the premises to stay with a friend, and placed most of her belongings into storage. On 15 February 2003, the claimant returned to the premises to find that the locks had been changed and some of her possessions moved. The police and tenancy relations officer advised them to break back in the remove their goods. The property was then handed over to the defendants. On 5 December 2005, the first defendant pleaded guilty to two counts of harassment under Protection from Eviction Act 1977 s1(3A), relating to the incidents in January 2003. HHJ Zeidman QC fined the first defendant £2,000 and £200 as well as costs of £4,200. The judge noted that had the directors been charged individually, they would have faced a custodial sentence.
In the county court, District Judge Sterlini awarded damages of £11,496.69 calculated as follows:
Disrepair (assessed at 30 per cent of rent for one year) of £3,500;
General damages for harassment and aggravated damages of £6,000;
Exemplary damages of £2,000;
Special damages of £840;
Set-off of one month’s rent of £996.66; and
Interest of £152.95.
Salah v Munro
July 2009 Legal Action 31; 29 April 2009, Willesden County Court
 
Daily rate of £200 for period excluded from property
Ms Salah occupied a room in a house as an assured shorthold tenant at a rent of £700 per month. Her tenancy commenced on 23 March 2008 and was for a fixed term of six months. She was granted housing benefit, which was, even after appeal, less than the full rent. Her landlord had a policy of not accepting housing benefit claimants as tenants. On discovering Ms Salah’s housing benefit claim, he told her to leave and said that he would return to throw her out. On 25 May 2008, the landlord’s brother and girlfriend attended and demanded that Ms Salah leave and return her key. She refused, but left the property temporarily taking the key with her. On her return, she found that the locks had been changed and her belongings left in black bags on the driveway. Ms Salah found some of her belongings missing. She spent one night in hospital following an asthma attack, two nights in bed and breakfast accommodation and eight nights on a sofa in a friend’s flat before being readmitted following a court order. Following the readmission, the landlord continued to harass Ms Salah, including falsely accusing her of being a prostitute. Some of the room’s furniture had been removed and was not replaced. Following the expiry of the fixed term, the landlord disabled the electricity and gas utilities forcing Ms Salah to sleep at a friend’s property from 3 October 2008 to 7 November 2008. The electricity was reconnected one month after Ms Salah’s solicitor’s request and only on the landlord being notified that legal aid had been extended to cover a committal application. Thereafter, Ms Salah slept at the property only intermittently and otherwise continued to stay with her friend. On 3 January 2009, the landlord called the police to the property when he saw Ms Salah there. The police confiscated her keys.
HHJ Copley awarded £8,600 as general damages in respect of unlawful eviction for the 43 nights she was excluded from the property on the basis that the usual range was between £100 to £300 per night and the appropriate level in this case was £200; aggravated damages of £2,000; exemplary damages of £2,000; and special damages, conservatively estimated in the absence of any receipts, of £1,000. From the award, the judge deducted arrears of rent amounting to £750 having excluded totally the periods of Ms Salah’s exclusion and abating by half the rent for the period when Ms Salah was deprived of gas.
Schuchard v Fu
25 February 2010, Brentford County Court
 
Variable daily rate applied to compensate tenant for evictionLegal Action 25Legal Action 17Legal Action 31Legal Action 29
Mr Schuchard was the assured shorthold tenant of one room in an HMO. The landlady wanted possession of the room and the rest of the property in order to carry out renovation works. She sent a number of letters asking for possession, but no Housing Act 1988 s21 notice was ever given to the tenant nor were possession proceedings ever started. On 6 July 2009, the landlady sent Mr Schuchard a letter requiring him to leave the property the next day because of rent arrears. On 7 July 2009, the landlady attended the property with a locksmith and changed the locks to the front door. The landlady refused to give Mr Schuchard a key to the new lock to the front door. Mr Schuchard left the property. That evening, Mr Schuchard attempted to re-enter the property but was unable to do so. Most of Mr Schuchard’s personal possessions remained in his room. On 8 July 2009, the landlady was asked by the tenancy relations officer of Richmond upon Thames RLBC to readmit Mr Schuchard to the property. She refused. She said that she was only willing to readmit Mr Schuchard if the rent arrears were cleared. She continued to refuse to readmit Mr Schuchard even when written to by Mr Schuchard’s solicitors. As a result of the unlawful eviction, Mr Schuchard was left street homeless for a period of 120 days. Attempts by solicitors to secure him accommodation from the local authority failed. The only support Mr Schuchard had throughout that 120 days was from a day care project. After the 120 days, Mr Schuchard was accommodated for a period of 77 days by the local authority while it considered its duty under the National Assistance Act 1948. After that time, the local authority discharged its duty and refused to accommodate Mr Schuchard. Mr Schuchard then spent the next 35 days until the trial sleeping on a friend’s floor.
Assessing damages, District Judge Plaskow considered Tvrtkovic v Tomas August 1999 Legal Action 29 (Housing Law Casebook 4th edition, O9.28); Ahmed v Bains September 2001 Legal Action 25; Dorival v Simmons August 2003 Legal Action 31 and Cooper v Sharma October 2005 Legal Action 17. He awarded the following:
general and aggravated damages at the daily rate of £200 for the 120 days when Mr Schuchard was street homeless (total £24,000);
a lump sum of £2,000 for the 77 days when he was accommodated by the local authority;
general and aggravated damages at the daily rate of £125 for the final period when he was sleeping on a friend’s floor (total of £4,375); and
exemplary damages of £1,750 as the eviction was partly so that the landlord could do up the property with a cynical disregard for Mr Schuchard’s rights.
Sypniewski v Wakelin
County Court at Bournemouth; 21 December 2015
£17,000 general damages, £5,750 exemplary damages for a ‘sustained campaign’ of harassment
Mr Sypniewski had an assured shorthold tenancy. He paid a deposit of £400 during the fixed term. The term expired, creating a statutory periodic assured shorthold tenancy. He claimed damages for breach of covenant, wrongful eviction, harassment and interference with goods, and applied to commit the landlord for contempt. The torts included:
disconnecting the utilities between 13 September 2015 and 14 October 2015;
changing the lock on 10 October 2015, thereby evicting him, and not re-admitting him until ordered to so on 14 October 2015;
installing CCTV cameras and motion-activated lights, to spy on Mr Sypniewski;
smashing the windscreen and windows of the tenant’s truck and two cars;
disconnecting the utilities on 18 November 2015 (and not re-connecting them);
on 19 December 2015, wrongfully evicting Mr Sypniewski for a second time, by giving the police false information.
The landlord also failed to comply with any of the tenancy deposit provisions within Housing Act 2004. At the start of the trial, the landlord was debarred from defending, due to a failure to comply with directions, including the filing of evidence.
Describing Mr Wakelin’s actions as amongst the worst he had seen, consisting of a sustained campaign, District Judge Willis awarded damages of £31,514.90 assessed as follows:
general damages: £17,720;
aggravated damages: £2,000;
exemplary damages: £5,750;
statutory damages: £2,400 plus £400 deposit;
special damages: £3,000; and
iInterest: £244.90
The district judge awarded a further £8,000, payment of which was to be suspended on condition that the landlord returned the claimant’s belongings.
Tyto v Narang
12 May 2016, County Court at Brentford
£140 per night for 161 nights in local authority accommodation
The defendant landlord, through an agent, granted a six month assured shorthold tenancy to the claimant at a rent of £850pcm. The claimant, her husband and their three daughters moved into the property. The claimant had previously paid the agent £1,500, comprising £750 rent in advance and £750 deposit in relation to another property owned by a different landlord. The agent carried those sums over. The tenancy agreement made no reference to a deposit and no money was protected in an authorised tenancy deposit scheme. The tenancy agreement contained no term prohibiting the claimant from sharing possession. The defendant alleged that she was in breach of her tenancy agreement by moving the other members of her family into the property and asked her to leave. When the family did not leave, he excluded them by fitting a new lock. The local authority provided emergency accommodation comprising a single room with a shared bathroom and kitchen. The claimant obtained an injunction requiring the defendant to readmit her and not to interfere further with her quiet enjoyment of the property. However, he refused to readmit the other members of the family, on the basis that they were not named in the order. The defendant’s agent and family were verbally abusive and the claimant and her family returned to the local authority accommodation. The claimant brought a claim for damages for trespass to land and breach of covenant for quiet enjoyment in respect of her unlawful eviction, trespass to goods and failure to protect her tenancy deposit. The defendant did not attend trial.
Deputy District Judge McConnell struck out the defence and gave judgment for the claimant in the sum of £29,394.15 as follows:
£22,540 for trespass to land and breach of quiet enjoyment, representing £140 per night for 161 nights in the local authority accommodation until a date one month after the expiry of the fixed term, being the notional date by which the defendant could lawfully have gained possession (adopting the approach taken in Kazadi v Brooks (Kazadi v Martin Brooks Lettings Estates Agents Limited and Faparusi), and the range of nightly rates in other cases as summarised in Aiyedogbon v Best Move Estate Agent Ltd (Aiyedogbon v Best Move Estate Agent Ltd));
£1,095 in special damages for possessions lost in the eviction;
£650 under Housing Act 2004 s214(3A), in repayment of the claimant’s tenancy deposit (although the written tenancy agreement had contained no deposit term, such a term could be inferred from the retention of monies by the agent that were originally paid as a deposit – albeit to a different landlord – and not accounted for by the requirement to pay one month’s rent in advance, together with the agent’s account statement to the defendant which made reference to a deposit);
£1,625 under Housing Act 2004 s214(4), being 2.5 times the deposit, on the basis that it was ‘precisely the sort of case that illustrates why protection is needed’, there had been a professional agent, and there had been a denial that a deposit had been taken;
£1,500 in aggravated damages and £1,500 in exemplary damages, noting that the awards were towards the lower end of the range, on the basis that the ‘circumstances on the grounds were relatively low key’ and the defendant had acted in part on the basis of a misunderstanding that the claimant was in breach of her tenancy; Interest of £484.15.
Waliezada v Dickson
16 August 2013, Manchester County Court
 
General damages of £6,000 for the eviction, harassment and six nights in temporary accommodation
In November 2011, Mr Dickson obtained a possession order against Mr Waliezada on the basis of alleged rent arrears. Mr Waliezada applied to set the order aside. On 13 December 2011, before the application to set aside had been determined and before the issue of any warrant, Mr Dickson attended the property with a locksmith, while Mr Waliezada was taking his three children to school, and changed the locks. He left some items of Mr Waliezada’s property outside and some inaccessible in the house. Mr Waliezada and his family spent six nights in temporary accommodation and were then permanently re-housed. On 19 December 2011, the defendant gave an undertaking to return all Mr Waliezada’s property to him, but only some of it was returned.
Recorder Smith gave judgment for Mr Waliezada. He awarded damages totaling £11,822, as follows:
general damages (trespass to property, harassment and breach of the covenant of quiet enjoyment): £6,050;
special damages (trespass to possessions and miscellaneous other expenses): £1,866;
aggravated damages: £2,200;
exemplary damages: £1,650; and
interest on special damages: £56.
Costs were awarded on the indemnity basis, owing to the defendant’s breach of the 19 December undertaking and his ‘shameful’ conduct of the subsequent litigation.
Walsh v Shuangyan
14 January 2010, Manchester County Court
 
Daily rate of £200
In June 2009, Ms Shuangyan granted Mr Walsh a tenancy of a room in an HMO. The monthly rent was £298. There were six other tenants occupying rooms in the same house. In early July 2009, the local authority served notices on Ms Shuangyan as a result of her failure to obtain a licence for the property under Housing Act 2004, and requiring various remedial works to be effected to, inter alia, the electrical installations and boiler. On 8 August 2009, Ms Shuangyan disconnected the boiler. In the days following, four of the occupants decided to move out. On 31 August 2009, the electricity supply was also disconnected, and a few days later two of the remaining occupants also left, leaving Mr Walsh as the sole tenant. He was then subjected to harassment and threats by Ms Shuangyan and her father, who assaulted him and kicked his door. They were also abusive and threatening to him. On one occasion, he had to barricade himself in his room all night as Ms Shuangyan and her father remained in the house, in an attempt to intimidate him into leaving. On 16 September 2009, he returned home to find the locks had been changed and some of his possessions had been put into bin bags outside. Most of his belongings were still inside his room and he was unable to access them. The local authority’s tenancy relations officer contacted Ms Shuangyan to advise her of the unlawfulness of her actions, but she refused to readmit Mr Walsh. Mr Walsh obtained an injunction from the county court requiring Ms Shuangyan to readmit him, but she failed to comply with it and an order was made committing her to prison for 28 days. Mr Walsh spent 30 days sleeping on the sofas of various friends and members of his family, missed some work as a result of having to travel around so much and developed a painful back as a result of his living conditions.
District Judge Richmond awarded the following:
£2,000 for the harassment before the eviction;
£6,000 for the eviction and its consequences (based on a ‘daily rate’ of £200);
aggravated damages of £4,000; and
exemplary damages of £1,500 (being a sum representing the costs Ms Shuangyan might have incurred were she to have sought advice and proceeded to evict Mr Walsh lawfully).
He also awarded special damages of £5,750, representing the estimated value of the items Mr Walsh was unable to recover from his room and his lost earnings, interest in the sum of £204 and costs on the indemnity basis.
White v Lambeth LBC
June 1995 Legal Action 20, Lambeth County Court
 
£10,000 common-law damages for council tenant evicted for 15 weeks
An absolute possession order was obtained against Mr White, a secure tenant, but then set aside under CCR Order 37 r2 (see now CPR 39.3). In July 1992, believing that the order was still in force and that Mr White had abandoned the flat, Lambeth Council authorised contractors to force the door in order to carry out works. When Mr White next called at the flat, he found that it was a building site and most of his possessions had disappeared. Subsequently he was offered and accepted another flat, but was unable to gain access to it for some time. He was without accommodation for 15 weeks.
Mr Recorder Rylance awarded damages under Housing Act 1988 ss27 and 28 of £18,000, and for interference with goods of £1,500. He assessed damages for trespass to land and breach of covenant for quiet enjoyment as £8,000 and aggravated damages of £2,000, but in view of the fact that these sums were less than the award of Housing Act damages, the total amount of damages (excluding interest) was limited to £19,500.
Zeeshan v Mahmood
27 October 2017, The County Court at Manchester
 
Daily rate of £250 for night spent in car; £200 for nights spent in overcrowded accommodation
Mr Mahmood granted Mr and Mrs Zeeshan an assured shorthold tenancy on 18 September 2012. On 8 April 2014, after serving a section 21 notice and falsely pleading that no deposit had been paid, he obtained a possession order. The next day, with five other men, he attended the property. Initially, Mrs Zeeshan was at home, alone with her three-month old child. Mr Mahmood was threatening towards her, demanding that she leave. He and his associates then tried to gain access by breaking the lock and banging on the doors with bricks. Mr Zeeshan returned to the property with two older children aged eight and six. Mrs Zeeshan and the children were terrified and upset. Both parties contacted the police who attended to keep the peace, but took no further involvement. After three to four hours of the threatening behaviour, Mr and Mrs Zeeshan felt they had no option but to leave the property, after collecting just a few belongings. They were assured by Mr Mahmood that they would be able to return to collect their belongings the following day. The first night after the eviction the family were forced to sleep in their car and use the facilities of a nearby KFC. The next fifteen nights were spent in overcrowded accommodation with a family member where they shared one small bedroom. They made numerous attempts to try to recover their belongings without success. The local authority prosecuted Mr Mahmood. Following a trial on 22 December 2015 at Trafford Magistrates Court he was found guilty of unlawful eviction. Mr and Mrs Zeeshan issued a claim for damages. Judgment in default was entered against him.
Recorder Allen QC described Mr and Mrs Zeeshan’s experience as dreadful, distressing and humiliating. He awarded general damages of £250 for the night spent in the car and £200 per night for the subsequent fifteen nights spent overcrowded accommodation (total £3,250). Bearing in mind the considerable humiliation and distress suffered by the family for a period of three to four hours, he awarded aggravated damages of £3,000. He awarded exemplary damages of £3,000 as a punishment and deterrent and special damages of £25,000 for loss of possessions (trespass to goods).
CHAPTER S
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