Securing Justice for a Victim of Unlawful Eviction
Tess Baker recently represented a client in an unlawful eviction case. The eviction had a significant impact on our client and resulted in her becoming homeless for an extended period of time. She faced significant trauma and distress as a result of the illegal eviction.
In January 2020 the Defendant granted an annual periodic assured shorthold tenancy of a flat to the Claimant and her friend. The tenancy not being validly determined by January 2021, it was extended until January 2022. However, from December 2020, after the Claimant was late with a rent payment, the Defendant began harassing her to try to force her to leave the flat. The harassment included: attending the property, repeatedly and without notice, shouting at the Claimant and telling her to move out; refusing to repair the boiler; removing the lock on the front door; making false allegations about the Claimant; disconnecting the water supply to the washing machine; and ultimately, after the Claimant’s friend moved out in January 2021, moving into the spare room and installing locks on the doors of various rooms to prevent the Claimant’s access. The Defendant’s conduct continued despite a warning from the local authority and, ultimately, a letter before claim from the Claimant’s solicitors.
As a result of the Defendant’s conduct, the Claimant’s pre-existing mental health difficulties were exacerbated to such an extent that she was admitted to hospital and advised not to return to the flat. She spent 18 months in temporary homelessness accommodation under Part 7 of the Housing Act 1996 before being permanently rehoused.
The Claimant issued a claim against the Defendant for damages for unlawful eviction (trespass) and harassment, at which point an expert psychiatric report concluded that, although her mental health had improved since leaving the flat, they would not return to their pre-existing levels until 6-12 months after the conclusion of the proceedings. The Defendant refused to engage with the claim and default judgment was entered. At a hearing to determine quantum, DJ Greenidge awarded damages and interest of £86,786.52, comprised as follows:
- £52,650 for unlawful eviction, being 351 nights from the date of eviction until the end of the annual period of the tenancy, at £150 per night. In particular: (a) the Claimant’s decision to leave the flat as a result of the Defendant’s harassment did not amount to a surrender of the remainder of the period and (b) the nightly rate was low in the range identified in Smith v Khan because of the length of the period of recovery and the overlap with harassment in relation to injury to feelings.
- £20,000 for harassment, being around the middle of the middle Vento band for injury to feelings.
- £5,000 in aggravated damages.
- £5,000 in exemplary damages.
- £4,136.52 in interest, from the date of issue of the claim.
Tess Baker commented on this case: “We were really pleased to support this client to secure a victory in her case. The facts of this case unfortunately highlight the behaviour of many private landlords, who often act without regard to the law or tenants’ rights. This landlord failed to participate throughout the legal case, which caused further prejudice and distress to our client. It also draws attention to the susceptibility of anyone to homelessness, especially given the power wielded by landlords over tenants, who are forced to rely on them for the supply of housing. Tenants’ rights need to be bolstered and secured to give people the dignity to live in safe and affordable housing.”
The Claimant was represented by Tess Baker, solicitor at Hodge Jones & Allen and Daniel Clarke, barrister at Doughty Street Chambers.
Tess Baker is a solicitor in the Housing & Property department, specialising in housing and discrimination law. They focus on challenging unlawful decisions by local authorities, including cases involving domestic abuse, disability discrimination, and Prevent referrals.
