You can find solicitors listed on the Law Society of Scotland website. 8 Stanford Street 15th April to 30th June 2015. �c�U8 Š|�w������)��� �}���۱ DE1 3WD, Provincial House In Yuthiwattana (1984) 80 Cr App R 55 the court looked at differing levels of access deprivation and stated: �/>>��)��Rw�6Ee ��અ� /\c���Y��Z�Qt�ۮ�]���a�:Æ�LT�+�`UK�o��f$��fZ$/t�Q^�xƁ�0�2�W��dC�C��- �M���&�J�:������R��{��_�-Ms��I`��cH���af`�T����$�'�G'92׉������.ǂtu�j*F�+Tn�:��¤�#���r����� ��ޔ���Gf �âZ̎�Է ��g_cʡ�Qx� �i���t�ρ�������.�/��T��������W��~����p7��Fo"�M����w�w=�G�ߊ�-�8E������^=�3w�]������E�3+�h�Ђ�:34S��{h�fV�PB[ The court of appeal has held in Smith v Khan that in unlawful eviction cases damages must compensate the tenant for not only depriving them of the property but also for anxiety, inconvenience and mental stress.. Facts. Criminal law on unlawful evictions 2.1 Criminal offence The offence of unlawful eviction was first created by the Protection from Eviction Act 1964. Unlawful Eviction – Damages Awarded Against Landlord. The January issues of Legal Action Magazine has two reports on harassment and unlawful eviction damages cases, which I thought might interest you. 1 0 obj The judge agreed, stating as the landlord should have known that the stay was in place, and ordered him to pay special damages of £2,200. �[ �j�|���ud��b��tax΂�`��. <> Damages awarded for unlawful eviction A commercial tenant has been awarded damages of £8,600 after they had been unlawfully evicted from the premises they occupied. Understanding A Software As A Service (SaaS). It is clear from paragraph 33 (1) that claims for damages for unlawful eviction are in principle, subject to any exclusions, in scope as they clearly relate to the eviction of the individual or others from their home. If you believe you may be at risk of illegal eviction it is important to seek legal advice as soon as possible. The claimant was a Nigerian national who had leave to remain in the UK but was not entitled to any state benefits. You can claim compensation by itself or alongside applying for an injunction. If the landlord’s building is worth more after than before the unlawful eviction then the evicted tenant is entitled to that whole gain in damages. Nelsons Solicitors Limited’s VAT No is 385 184 329. You might find it useful to draw up a list of the amounts you’re claiming. LE1 6TU, Pennine House •154 days in unlawful detention •General damages: £40,000 •Special damages: £6,578 (loss of earnings) •Aggravated damages: £10,000 (“the way in which the officers disregarded his repeated attempts to explain his legitimate status in the UK under EEA law, dismissing him as an immigration offender, was offensive and intensely 4 0 obj If you do not make a selection, we will assume that you consent to the cookies being set. Derby 37 New Walk Your landlord may have a defence against your claim if they reasonably believed that … The landlord decided that he wanted to evict the tenant, mainly because the tenant had a ground floor room and the landlord wanted this for his wife who had become ill, but also because the tenant had allowed waste to accumulate in the garden. T was entitled to damages for unlawful eviction when L had sold the property to a third party with vacant possession while T was incarcerated in prison. Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. Leicester NG1 7BQ. A list of members of Nelsonslaw LLP may be inspected at the registered office. Recent county court … One of the main damages in a wrongful eviction lawsuit is the rent differential. Summary. They are intended to punish or make an example of the landlord. Property analysis: A Supreme Court ruling that a local authority landlord should pay substantial statutory damages to a tenant it had unlawfully evicted by mistake is considered by Robert Brown, of Arden Chambers.
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