The landlord should be deemed to have been in possession of the land when calculating damages for unlawful eviction. The measure of damages ‘represents the financial advantage which the landlord has gained . . . and of which it is the purpose of sections 27 and 28 of the Act to deprive him.’ The remedies under the Act for harassment of the tenant are draconian.
Leggatt LJ, Dillon LJ
Gazette 09-Sep-1992,  24 HLR 578
Housing Act 1988 27(9)(c)
England and Wales
Cited – King v Jackson (T/a Jackson Flower Company) CA 16-Jul-1997
The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory . .
Cited – Abbott v Bayley CA 20-Jan-1999
Appeal against award of damages for breach by landlord of covenant for quiet enjoyment and under the 1988 Act.
Held: The landlord’s appeal failed. ‘There is no fixed point at which it can be said that breaches of the covenant of quiet . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.82589