Unlawful Eviction

The offence of unlawful eviction is committed by a person who unlawfully deprives a residential occupier of all or part of the premises or attempts to do so.1 The court has extensive powers to award damages in tort under the Protection from Eviction Act 1977.  More substantial punitive damages can also be awarded under further powers granted by sections 27 & 28 of the Housing Act 1988.  Damages for illegal eviction in excess of £30,000 have been awarded in recent cases under these provisions.  These serve as a warning to landlords to never try and obtain possession, other than by a court order, unless there has been beyond doubt, unequivocal surrender by the tenant of the premises.

Defences

There is a defence: if the defendant can prove that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises. (Protection from Eviction Act 1977, s. 1(2))  A mere temporary absence (e.g. on holiday) would not constitute ceasing to reside.

The second defence open to the landlord is that he may offer to re-instate the tenant in the premises from which he has been evicted.  Provided that the former tenant is re-instated before the hearing is finally concluded, the landlord is relieved from liability.  If the offer is made before the proceedings are commenced and the tenant refuses unreasonably, then damages may be reduced. (Housing Act 1988, s. 27(6) - but only applies to damages awarded under s. 27 Housing Act 1988)

Not surprisingly, the effect of this legislation has been for the well-informed tenant not to accept re-instatement in the majority of cases, but to issue summons as soon as possible against the landlord. Any offer of reinstatement by the landlord is refused after issue of summons and notwithstanding the refusal is unreasonable, the court may not reduce the award of damages.  However, the court does have a discretion to reduce the award if the conduct of the tenant, or any person living with him in the premises, was such as to 'mitigate' the damages payable - see section 27(7)(a).