Our grateful thanks to Radhika Shah of Harrow Law Centre for this note of a judgment in an unlawful eviction case, with a substantial damages award.
Zeinab Al Khafaji -v- Mr Dixit Shah – Claim no. K01W1476. 29 January 2026
The Claimant was the sole assured shorthold tenant of the Defendant for over a decade with her 3 youngest children aged 12, 8 and 5 at the date of eviction.
The Claimant went on holiday with her 3 children and notified the Defendant, who agreed to carry out some works to the kitchen in her absence. On 1st January 2023, the Claimant’s older son discovered that the locks had been changed and all her belongings removed from the property.
A claim for damages for illegal eviction was issued on 20th July 2023. Some of the Claimant’s items were returned but irreplaceable family photos were never recovered. The claimant was provided with emergency accommodation by the local authority over 20 miles away causing disruption to the children’s schooling and the loss of her employment. Her mental health declined during this period and one of her children was referred to Child and Adolescent Mental Health.
The application was defended with the Defendant stating in the Defence that the tenant was surrendered by the Claimant’s former partner whilst she was away. This was denied and, in any event, under matter of law he had no right to surrender the tenancy as he was not a joint tenant. The Defendant failed to provide any disclosure and failed to provide any witness evidence to substantiate his defence. By the time of the trial, on 29 January 2026, he was well over a year out of time for both.
The Defendant’s last-minute application to adjourn the trial was dismissed and the defence was struck out by DJ Clark (CPR 39.3(1)) at trial on 29th January 2026.
DJ Clark heard the Claimant’s evidence and awarded damages to the Claimant in the sum of £35,860.18 comprising of general damages for trespass @£325/day for 61 days (£19,825). plus 10% Simmons uplift, aggravated damages of £5,000, exemplary damages of £5,000 and special damages as claimed of £4,052.68.
Interest was ordered as follows:
(i) At 8% on special damages from the date of issue to the date of expiry of the Claimant’s Part 36 offer in the sum of £183.86;
(ii) At 2% on general damages from the date of issue to the date of expiry of the Claimant’s Part 36 offer in the sum of £360.69, and
(iii) At 8% on the judgment debt from the date of expiry of the Claimant’s Part 36 offer to the 29th January 2026 pursuant to CPR 36.17(4)(a) in the sum of £5,634.30.
The Defendant was ordered to pay the Claimant’s costs, on the standard basis from the date of issue to the date of the expiry of the Part 36 offer and on the indemnity basis thereafter.
Notes –
Counsel representing the Claimant up to trial – Emma Turnball of One Pump Court Chambers and counsel representing the Claimant at trial – Martin Hodgson at Pump Court
Solicitor representing Claimant – Radhika Shah at Harrow Law Centre