Melville v Bruton: CA 29 Mar 1996

Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as opposed to a notional basis, otherwise that which the landlord was ordered to pay to the tenant was not the value of the profit occasioned by his wrong but a fine which might be far greater.’ Statutory damages are to be calculated by reference to a valuation based upon the actual realities affecting the premises. There is no supervening requirement that all landlords in default are to be penalised by a substantial fine in excess of the profit, if any, derived from the unlawful eviction and, in particular circumstances, the valuation may perfectly properly produce a nil outcome.
Hutchison LJ, Stuart-Smith LJ and Buckley J
Times 03-Apr-1996, Times 29-Mar-1996, [1996] TLR 191, (1996) 29 HLR 319
Housing Act 1988 28
England and Wales
Cited by:
CitedKing v Jackson (T/a Jackson Flower Company) CA 16-Jul-1997
The defendant appealed an award of andpound;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 . .
CitedLondon 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 . .

These lists may be incomplete.
Updated: 10 April 2021; Ref: scu.83620