header-logo header-logo

Council liable for unlawful eviction

04 December 2014
Issue: 7634 / Categories: Legal News
printer mail-detail

Statutory damages for unlawful eviction are calculated in the same way regardless of whether a public sector or private landlord is involved, the Supreme Court has unanimously held.

The decision, in Loveridge v Mayor and Burgesses of the London Borough of Lambeth [2014] UKSC 65, means substantial statutory damages can be awarded against local authorities for unlawful eviction. 

Harry Loveridge was evicted in his absence while on a five-month visit to Ghana, even though he was still paying his rent by standing order. Lambeth Council, fearing he had died, forced entry to the flat, disposed of his possessions and installed a new tenant. He was awarded £90,500 damages plus £9,000 for trespass to his goods.

Michael Paget of Cornerstone Barristers, who acted for Mr Loveridge, the tenant, says: “The Supreme Court has made it clear that the Housing Act 1988 applies to all landlords equally, with a potential heavy penalty when a tenant with significant security of tenure is unlawfully evicted. Trying to regain possession without using the courts may not be worth it.

“This statutory damages dog has an awful bite but there is absolutely no reason at all to get bitten. Where the evicted tenant had significant security then full statutory damages will be significant, but no landlord should end up being subject to a full award. 

“Where a mistake is made by the landlord it should be corrected as quickly as possible. Lawfully enforcing a possession order through the courts is by far the safest way to guarantee vacant possession.”

Statutory damages are calculated by considering the value of the building with the tenant benefiting from security of tenure and without such security of tenure. It is a purely hypothetical process and does not require an actual sale to a willing buyer.

The Supreme Court held that the Court of Appeal had been wrong to consider what would actually happen after a sale to a willing buyer. The fact that a secure tenancy would be downgraded to an assured tenancy after sale to a private sector buyer was irrelevant. 

 

Issue: 7634 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll