Akinbolu v Hackney London Borough Council (1996)

This case highlights the need for landlords and agents to carefully follow  the correct possession procedures, regardless of the circumstances surrounding the tenancy.

The tenant rented a one bedroomed flat from the council on  a weekly secure tenancy.  Six months into the tenancy, the tenant was arrested and taken into custody as an 'overstayer' under the Immigration Act 1971.  On his release a few days later he found that the locks had been changed and he was unable to gain entry.  The tenant claimed damages and an injunction to restrain the council from interfering with his quiet enjoyment of the flat and to enable him to re-enter. 
The court of first instance held that the tenant was not lawfully in the UK when he entered into the agreement and so the tenancy was void.  The tenant appealed.

HELD:
The Court of Appeal held that the appellant's uninvestigated immigration status could not negate the tenancy.  As a minimum the tenant was entitled to four weeks notice and protection under s3 of the Protection Against Eviction Act 1977.  As the Council did not comply with either of these, his eviction was unlawful whether or not his tenancy was secure.

Citation: Akinbolu v Hackney London Borough Council (1996) 29 HLR 259