Tag Archive for 'Unlawful eviction and harassment'

Illegal eviction and the police

By NL on 11/07/2010. 4 Comments

Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010)

The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They either do nothing, saying that it is a civil matter, or on occasion remove keys from the tenant. In this case, reported in July’s Legal Action Housing Updates, for which many thanks, the police did take further steps. Unfortunately, they took steps in entirely the wrong direction and ended up paying for it.

Mr Naughton had been occupying a property for some 15 months. In March 2006, Ms … Read the full post

Posted in FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , , , .

A bumper pack of unlawful eviction – updates from Legal Action

By NL on 15/06/2010. 3 Comments

In the second post of County Court cases you will already have read in June’s Legal Action Housing updates, we turn to unlawful eviction and harassment. And it appears to have been a rich few months in this regard, with no fewer than five cases to note.

Fakhari v Newman, Woolwich County Court 07/01/2010
Mr F granted Mr N a one year AST in May 2008. Monthly rent of £985 and one months rent taken as deposit. The deposit was not protected. The boiler in the property had problems from the start and broke down completely in December 2008. Mr N was without heating and hot water until … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , , , .

Unlawful Eviction, exemplary damages and why people don’t like estate agents

By NL on 28/02/2010. 0 Comments

Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009.

This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of the nature and the character of the dramatis personae:

Mrs Islam – a homeless applicant housed by LB Redbridge on a non-secure tenancy and being the Claimant.
Mr Yap – a freeholder of the property, who granted a lease to Finebridge Lettings but appeared somewhat confused about the extent of his title and wished most ardently to sell the property to realise his … Read the full post

Posted in FLW case note, Housing law - All, Possession and Unlawful eviction and harassment. Tags: , , , .

Farming today

By J on 01/02/2010. 3 Comments

Kakas v Farmer, Court of Appeal, 29.1.10 (extempore judgment, only available as a lawtel note)

Section 27, 1988 Act creates a statutory tort of attempting or actually depriving a residential occupier of his occupation of some or all of the premises. Importantly (and subject to a very minor exception in s.27(7)(b), 1988 Act), the tort only bites if the occupier is not re-admitted.

By s.27(8), 1988 Act, it is a defence if the landlord can show that he believed and had reasonable grounds for believing that inter alia, the tenant had ceased to reside at the property. In addition, by s.27(7), 1988 Act the court has a … Read the full post

Posted in Uncategorized and Unlawful eviction and harassment. Tags: .

Unlawful eviction quantum again

By NL on 13/12/2009. 5 Comments

Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009.

The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction.

Mr A rented a room in a shared house from Mr K for £75 per week in January 2009. He paid £150 deposit and £150 advance rent. He shortly thereafter lost his job and told Mr K that he could not pay his rent nd was not eligible for HB. Mr K gave him a week to find work, then a further week, after which he would have to get out. An LA tenancy relations officer informed Mr K by letter that … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , .

Unlawful Eviction Quantum – from Legal Action

By NL on 19/10/2009. 2 Comments

Hunt v Hussain, Epsom County Court 31 July 2009 (LAG housing law updates October 2009)

As ever, the Legal Action housing law updates have some useful cases, this from the October 2009 issue. This is another of the reports on County Court judgments on unlawful eviction and harassment cases that are very useful in assessment of quantum.

Mr & Mrs Hussain were freehold owners of a house. Mrs Hussain granted Mr Hunt an assured shorthold tenancy of a room in May 2003 at £90 pw.

Mr Hunt lost his job and applied for housing benefit. Mrs Hussain told him he would have to leave. Despite a warning from the … Read the full post

Posted in FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , , , .

Bits from August LAG 2: Unlawful Eviction damages

By NL on 13/08/2009. 6 Comments

The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum.

Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor health, was granted a weekly periodic AST of a single room with shared kitchen and bathroom. The rent was £60 pw. In November 2007, the landlord – Mr Iqbal – told Mr Abbas he would have to leave as the property was to be converted into flats. In April 2008 a written notice was served, to leave within two weeks. The notice was defective and invalid. … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , , , , .
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