Tagro v Cafanec: CA 1991

In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no relation to the loss suffered by the tenant.
Held: ‘I accept that the damages do seem to be high, but I have to warn myself against using any knowledge that I may have gained in other ways to support that view, and I am quite unable to say that the judge was at fault. If we were to interfere on this ground, it could only be on the basis of sending it back for a rehearing designed to enable [the landlord] to call valuation evidence. It is not clear to me why he should have a second opportunity to call valuation evidence when he had the opportunity originally and did not choose to avail himself of it.’ Section 27(2): ‘provides for similar treatment [to s 27(1)] where there is what might be described as constructive eviction of the residential occupier as contrasted with an actual eviction, namely, conduct which is such that the occupier cannot reasonably be expected to remain, although physically he or she could remain, and the occupier accordingly gives up his occupation of the premises.’ It is inappropriate to grant interest upon damages awarded under the 1988 Act.


Lord Donaldson MR


[1991] 1 WLR 378


Housing Act 1988 27


England and Wales

Cited by:

CitedKing 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 . .
CitedAbbott 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.

Landlord and Tenant

Updated: 05 August 2022; Ref: scu.196698