Case Study: Unlawful Eviction

Our client’s landlord issued a claim for possession on the grounds that there were alleged rent arrears exceeding £30,000.

We defended our client on the basis that the actual arrears were a fraction of that alleged, and in brought a counterclaim for breach of quiet enjoyment, harassment, and disrepair.

The premises suffered from water penetration, defective windows, and internal leaking. The landlord had failed to carry out the requisite repairs and had harassed our client to force him to pay the alleged outstanding rent and/or vacate the property.

The landlord made regular threats of violence, switched off the gas and electricity supply by deliberately damaging the pipes, let himself into the premises without giving notice to the tenant and changed the locks.

The possession claim was struck out and our client secured damages of £26,650, plus interest.