Case Summary: 

 Daley, James, Wiseman and Reynolds v Mahmood and Rahman (2005)

Central London Civil Justice Centre, 12th July 2005

Three of the tenants were Rent Act protected tenants and the fourth had acquired a freehold interest in his room by adverse possession.  The first defendant acquired the whole tenanted property by auction in 2003, the second defendant was her uncle but he acted in all respects as the owner.  He with others forced entry to the property.    They were all abusive and threatening and a few days later they broke in again and started removing the contents of the property, demolishing and smashing the fixtures and fittings.  The extent of the damage was that all the occupants felt compelled to leave the property.

The Judge found that there had been a deliberate campaign of harassment with intention of profiting by the vacant possession.  Conversion of the property into 3 self contained flats would have given rise to a profit of between £100,000 and £150,000.  He decided to award exemplary damages against both defendants jointly and severally.  The total of the damages was £119,000 plus the cost of replacing the occupants goods and damages of £1,250 on the second defendant for his assault on the fourth claimant.  This is one of the largest recorded awards for damages to date, as a result of illegal harassment and eviction.