15/05/2009

Unlawful Eviction and Harassment quantum

The May edition of Legal Action’s housing updates contains a report on Khan v Iqbal, Bury County Court, 13 March 2009.

Ms Khan was an assured shorthold tenant on rent of £650 pm. She lived with her children aged 15 and 12 She got into rent arrears.

The landlord and his sons interrupted the electricity supply and turned off the central heating. They cut telephone line. The landlord attended the property and verbally abused Ms Khan.

On 10 May 2008, one of the landlord’s sons entered the property and began removing the tenant’s belongings. The police were called and in their ever helpful way with unlawful evictions, assured Ms Khan that she could return to collect her belongings and gave her the number for a refuge. The family was put in a B&B as emergency temporary accommodation by the Council. Ms Khan returned the next day to find the locks changed and most of her possessions missing or damaged.

Awarded – Harassment £2000 (Joint and several liability for landlord and sons)
Unlawful eviction £10,200 (at £100 per night)
Aggravated damages of £200
Exemplary damages of £3000
Special damages of £2338.32

If any one from Bury Law Centre, or Angela Piears, barrister, are reading this, I would be very interested to know how the exemplary damages were caclulated. Drop me a line…

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

3 Comments

  1. Jim Paton

    Whilst I have little faith in police complaints per se, this is the sort of case where one -whether “successful” or not- might amend their response to illegal evictions for as long as it takes for the effect to wear off.

    Reply
    • NL

      I’m sorry, Jim, I’m not following you. What do you mean?

      Reply
      • Marcin

        I think Jim is suggesting that a complaint to the PCC might remind the police that they are supposed to prevent crimes.

        Probably worth a try, if there were anyone with standing to complain who had the funds and time.

        Reply

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  1. Tenant suing landlord for damages for harassment - […] v Aqbal [2009] – (reported on Nearly Legal) this is an unlawful eviction case where (leaving aside the award…

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