The defendant landlord had entered the demised property, in which the plaintiff and his wife were living, and removed them and their furniture, using no more force than was reasonably necessary to do so. The landlord had an immediate right to possession because the tenant’s right to live in the property depended upon his continuing to work for the landlord, which he no longer did.
Held: The plaintiff had no right of action against the defendant even if the actions of the landlord were a crime under 5 Ric 2, stat 1 c 7. No civil wrong is done by turning out a trespasser using no more force than is reasonably necessary.
[1920] 1 KB 720
England and Wales
Cited by:
Cited – Ropaigealach v Barclays Bank plc CA 6-Jan-1999
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank . .
Cited – Secretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.230373
