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.

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