The Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant.
Held: Section 28(1)(a) requires the basis of the valuation to be that Mr Loveridge ‘continues’ following the eviction to have ‘the same right’ to occupy as he had prior to the eviction. The appeal was allowed and the judge’s order restored, though the court did suggest that Parliament might wish to revisit the legislation.
Lord Neuberger, President, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Toulson
[2014] UKSC 65, [2014] 1 WLR 4516, UKSC 2013/0273
Bailii, SC, SC Summary, SC Video Summary
Housing Act 1988 28, Housing Act 1985 79
England and Wales
Citing:
Appeal from – London Borough of Lambeth v Loveridge CA 10-May-2013
The Council had been found to have unlawfully evicted the respondent, and now appealed against the calculation of statutory damages awarded. It said that the court should in its valuation have allowed for the propensity for a move from a secure . .
Cited – Raja Vyricherla Narayana Gajapathiraju v Revenue Divisional Officer, Vizagapatam PC 23-Feb-1939
Land adjoining a harbour at Vizagapatam which at that time was malarial was to be valued for compulsory purchase. The land contained a spring of clean water. The only potential purchaser of the special adaptability of the land as a water supply was . .
Cited – Tagro v Cafane and Another CA 23-Jan-1991
The private landlord held premises under a lease from a local authority which prohibited sub-letting and assignment. He sub-let to the plaintiff and then unlawfully evicted her. He appealed against an award to her of statutory damages, submitting . .
Cited – Wandsworth London Borough Council v Osei-Bonsu CA 22-Oct-1998
Where one joint tenant had given notice and the landlord mistakenly excluded the other tenant, the husband, from possession, the landlord could not rely on the defence of ‘reasonable cause’. The tenant has the choice of possession or statutory . .
Cited – AA v London Borough of Southwark QBD 14-Oct-2014
The claimant sought damages after, he said, being unlawfully evicted by the respondent.
Held: The authority had behaved unlawfully and officers had conspired to evict the claimant at any cost. . .
Lists of cited by and citing cases may be incomplete.
Housing, Damages
Leading Case
Updated: 10 November 2021; Ref: scu.539566
