Examples of recent criminal cases and their outcomes

1. Daniel V Hartley (1995)

The tenant (Daniel) was unlawfully evicted by the landlord (Hartley), after a series of malicious threats and harassment. The tenant had been accused of drug dealing (unfounded) and had belongings removed from the property by the landlord. The tenant eventually left the property claiming constructive eviction.

Judgement

The court found the landlord guilty of unlawful eviction under Section 27 and 28 of the Housing Act 1988. The tenant was awarded £14,000 in damages plus over £8,000 for breach of quiet enjoyment.

2. West Wiltshire v Snelgrove (1997)

The Landlord (Snelgrove) let the property to a friend (Lacey) for a period of only two weeks, rent free, subject to Lacey paying for water, gas and electricity used. After the two-week period had expired Lacey refused to move out of the property. The landlord and Lacey fell out with the landlord throwing Lacey out of the property. The landlord was arrested and prosecuted for unlawful eviction of a residential occupier (Lacey) under section 113 of the Protection against Eviction Act 1977.

Judgement

The court held that there had been no tenant rights given to Lacey as no rent had been paid as required under Section 3A(7) of the Protection against Eviction Act 1977. There had therefore been no offence.

3. Raeburn v Coppolaro

The tenant (Raeburn) fell into rent arrears. The landlord (Coppolaro) with assistance from his letting agent unlawfully evicted the tenant for several months.

Judgement

The court found the landlord guilty of unlawful eviction under Section 27 and 28 of the Housing Act 1988, awarding the tenant £36,500 in damages.

4. Pillai v Amendra (2000)

The tenant (Pillai) refused to move out of the landlord’s (Amendra) property for a short period and to move into another property while the landlord was being investigated for a Housing Benefit fraud. While the tenant was on holiday the landlord changed the locks to the property removing the tenant’s possessions and evicted the tenant. The tenant returned from holiday and got back into the property with the help of the police. He was evicted a second time by the landlord days later.

Judgement

The landlord was found guilty of unlawfully evicting the tenant on two occasions. The tenant was awarded £36,000 in damages.