LETTINGSlegal
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Damages for personal injury assessed at £45,000. The Judge was satisfied that Mr Hunt’s suffering fell into the most severe category of psychiatric damage, but due to an unsettled background and a predisposition to mental health problems, damages were reduced. Special damages were awarded in the sum of £100. Interest of £3,453 was awarded.
The Judge granted a freezing injunction restraining Mr Hussain from dealing with the two properties in which he still retained a beneficial interest.
In most cases, the law provides a tenant with the security that
they will not be evicted until their landlord has obtained a possession order from the court. Eviction can only then be achieved via a bailiff appointed by the county court who will be tasked with enforcing the possession order. The Protection from Eviction Act 1977 makes it a criminal offence for any person to evict a residential occupier without following the correct legal procedure. On conviction, the court may impose an unlimited fine and/or two years’ imprisonment. The act also makes it an offence for any landlord, managing agent or person acting on their behalf to harass a residential occupier with the aim of making them leave their home. In addition to damages for inconvenience, stress and upset, the Housing Act 1988 provides for statutory damages on the basis of the difference in value between the landlord’s interest if the tenant remained in occupation and the value of the landlord’s
interest without the tenant in occupation. Essentially, this is the difference in market value with or without vacant possession. Such damages are awarded even if the tenant suffers no inconvenience. However, no statutory award shall be made if the tenant is reinstated in the premises before proceedings are concluded. Landlords who have not followed the correct procedure should
offer reinstatement at the earliest opportunity and rely on any unreasonable refusal. Alternatively, rent arrears can be counter-claimed to reduce an award of damages being made to the tenant. Landlords can raise the defence to an alleged unlawful eviction by showing that the landlord ‘believed’ and had ‘reasonable cause to believe’ that the tenant had ceased to reside on the premises. However, landlords must be warned that the burden to prove this would require strong supporting evidence. As the case of Hunt demonstrates, ignoring the correct eviction
procedure can cost dearly and can spell the end of a landlord’s career. It would be far better for a landlord to ensure that he does everything by the book – no matter how troublesome his tenant may be – than face the serious consequences that a conviction under the Protection from Eviction Act 1977 would have.
Ian Larkins is a solicitor in the property litigation team at law firm Weightmans LLP.
Ian.larkins@
weightmans.com
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www.propertydrum.com PROPERTYdrum JUNE 2010 63
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