Or, ‘It wasn’t me, it was the bailiff’.
Choudhury v Garcia  EWHC 3283 (QB) (June 2013) [Not on Bailii. We have transcript]
A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.
Mr G was the tenant of Mr C, since 2007, or 2008 in a ground floor room. In late 2009, Mr C apparently decided he wanted the room back. At this point, trouble began in the back garden. As the first instance judge found:
“Panels of the fence were removed. The neighbours started to bring
… Read the full post
Lee v Lasrado  EWHC 2302 (QB)
On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court can be taken as a reminder why this is so. There is also a reminder of the limits of Housing Act 1988 section 27(7)(a) mitigation by conduct of the tenant and of a section 27(8)(a) defence.
Ms Lee was the tenant of a bedsit in an HMO, with a tenancy beginning in Summer 2008.She alleged various acts of harassment, culminating on 20 June 2009 … Read the full post
An appeal against conviction on an illegal eviction case. We didn’t report it at the time, but in R v Jay Allen & Razwan Mohammed, in Sheffield County Court, September 2012, Jay Allen was convicted of illegal eviction under section 1(3A) Protection from Eviction Act 1977. A newspaper report is here.
In short, the tenant, who was in rent arrears, was threatened. The altercation was partly recorded by the tenant. An extract runs:
JA – “Right, get your stuff. I want you to leave, go.”
T – “You can’t just kick me out on the street.”
JA – “I am. I am doing.”
T – “It’s against the law that
… Read the full post
Property Guardians seem to be a growth industry. If you haven’t come across these yet, you probably will at some point. The Guardian agency puts people into a vacant commercial or residential building to live as occupiers, effectively providing security to the owner of the building against burglary, squatting etc.. The schemes have largely received a fairly uncritical press, being held up as providing cheap accommodation for occupiers prepared to accept flexibility. I have no doubt that much of the time, that is indeed how it works.
The way in which many of these schemes seem to operate is that the agency takes a licence from the property owner, … Read the full post
Or Simmons v Castle round two
Simmons v Castle  EWCA Civ 1288
As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages (our report here) was revisited after representations by the ABI and APIL.
I’m not sure that the revised judgment has made things any more workable, but it has clarified some issues relevant to housing.
First, general damages for “four types of damage in relation to both tort and contract cases, namely “pain and suffering and loss of amenity”., “physical inconvenience and discomfort”, “social discredit”, and “mental distress”” are are to be given the 10% uplift. … Read the full post
An unlawful eviction case with some unusual dramatis personae.
Rebecca Claire Webb v Samina Amreen Birmingham County Court 31 August 2012 [Unreported elsewhere]
Ms Webb was the assured shorthold tenant of Ms Amreen, for a 6 month term from September 2007 then a statutory periodic. A deposit of £540 had been paid, but was not protected. Ms Webb lived at the property with two children.
Over a period leading up to 23 June 2008, Ms Amreen conducted a campaign of harassment intended to drive Ms Webb from the property. This followed a gap of a month in housing benefit payments. There were texts threatening to ‘turn up with the bailiffs’ … Read the full post
Henson v Blackwood & Blackwood. Mayors & City of London Court 29 June 2012 & Central London County Court 25 July 2012
[We are grateful to Dean Underwood of Hardwicke Chambers for his notes on this case, from which quotes are taken and to GT Stewart Solicitors]
The difficulties in many cases against private landlords, not least unlawful eviction cases, do not end with trial and judgment. Realising damages and costs awards can be a fraught,complex and time consuming matter. This case is a prime example. It is a lengthy tale, but sadly not untypical in its twists and turns. It is also a useful case on quantum for … Read the full post