Category Archives: Unlawful eviction and harassment

Of statutory defences and bottles of urine

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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

Quis custodiet ipsos custodes?

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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

More on more on damages

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Or Simmons v Castle round two

Simmons v Castle [2012] 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

The JP, the BBC trainee and the Unlawful Eviction

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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

Follow the money…

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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

Giving 110%

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We wouldn’t usually cover a PI case here on NL, but Simmons v Castle [2012] EWCA Civ 1039 has – and is intended to have – implications far beyond PI. The case itself was an appeal arising out of a road traffic accident. The Recorder had awarded damages which, I presume, the appellant thought were too low. Once permission to appeal was obtained, a settlement was reached which provided for the possibility of a higher award of damages in the event that certain specified conditions were met.

The Court of Appeal had no difficulty approving a settlement , but took the opportunity to make some general statements about the approach … Read the full post

Judicial review of a closed minded appeal

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Sharing, R (on the application of) v Preston County Court [2012] EWHC 515 (Admin)
[Updated 20 June 2012 to make clear this was a permission to appeal decision, not an appeal hearing]

This is by any measure an unusual case. It is a judicial review of the conduct of an application for permissiono to appeal to a circuit judge in an unlawful eviction and harassment claim. What is more, it is a successful claim for judicial review (sorry to spoil the tension).

Ms Sharing was a tenant of a Mr Tomlinson. She had brought a claim for unlawful eviction, breach of quiet enjoyment and harassment. He counterclaimed for rent owing. … Read the full post