Deposits, Lies and Unlawful Evictions

Zeeshan v Mahmood, County Court at Manchester, 27 October 2017. (Our grateful thanks to Amy Tagoe of Stephensons Solicitors for the following note of this unlawful eviction case) The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012.  A deposit was paid in […]

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 […]

Cities behaving badly and other bits

A remarkable note on the Community Law Partnership site sets out what may possibly amount to a mass unlawful eviction of secure tenants by Birmingham City Council. Birmingham CC have been using High Court Sheriffs for evicting secure tenants after a possession order. This is often quicker than county court bailiffs and importantly, there is […]

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 […]

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 exercise, governed – so far as is relevant to this […]

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 not sure that the revised judgment has made […]

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 then a statutory periodic. A deposit of £540 had been paid, but was not […]

Tenancy deposit penalties awarded!

There are two appeals on cases involving claims for the return of deposits and the three times penalty in both of which – astonishingly, given the recent history of High Court and Court of Appeal decisions – the tenant was awarded the penalty. We have said before that it would now be a somewhat incompetent […]

A Not So Unlawful Eviction

R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads: Subject to subsection (3B) below, the landlord of a residential occupier […]