Tales of the private sector

A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management, failure to provide information, failure to licence and property conditions: Five properties, on Abbeydale […]

Landlords behaving badly

While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum. The Housing:Recent Developments in the July/August 2016 Legal Action contains a […]

All of the wrong. And then some more.

Kazadi v Martin Brookes Lettings Estate Agents Limited & Faparusi, Edmonton County Court 14 May 2015 Thanks to Legal Action September 2015 Housing law updates for this one. An assured shorthold tenancy deposit and unlawful eviction case in which everyone involved save the tenant – letting agent, landlord and police – did things about as […]

Unlawful eviction and harassment quantum update

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 Alabbas was Ms Uppelle’s assured shorthold tenant from April 2008. In April 2009, Mr A complained […]

Illegal eviction and the police

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 […]

A bumper pack of unlawful eviction – updates from Legal Action

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 […]

Farming today

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 […]

Unlawful eviction quantum again

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. […]

Unlawful Eviction Quantum – from Legal Action

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 […]