With grateful thanks to Jan Luba QC and HHJ Madge's housing update in the December 2014/January 2015 Legal Action, here are a few recent County Court cases on unlawful eviction and harassment. Alabbas v Uppelle. Leicester County Court, 8 October 2014 Mr...
How much?! Damages for unlawfully evicted secure tenants
Loveridge v London Borough of Lambeth [2014] UKSC 65 So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation...
Southwark: Not appealing
It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB...
A very unlawful eviction
(Finally) AA v London Borough of Southwark [2014] EWHC 500 (QB) This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended...
How much is a secure tenancy worth?
London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 We are appallingly late with this one, and have no excuse. But this case has just been given permission by the Supreme Court, so this is a good moment to make amends. Mr L was the secure tenant of...
Tweets from rented rooms
A series of tweets gathered under the hashtag #LDNlandlord today (Thursday 15 May) offered an insight (if one were needed) into the state of the London private rental market. For the housing lawyer, it was also a opportunity to play claim/offence bingo. So,...
Don’t ignore the Court of Appeal
Or, 'It wasn't me, it was the bailiff'. Choudhury v Garcia [2013] 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...
It wasn’t me.
Lee v Lasrado [2013] 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...
Of statutory defences and bottles of urine
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...
Quis custodiet ipsos custodes?
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...
More on more on damages
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...
The JP, the BBC trainee and the Unlawful Eviction
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...