Supreme Court to hear case on damages payable by council for unlawful eviction

The Supreme Court has given a secure tenant permission to appeal a ruling that substantially cut the amount damages payable by a local authority which unlawfully evicted him from residential accommodation.

The appellant had been granted a secure tenancy by Lambeth Council of a one-bedroom flat. He left the property in 2009 for a lengthy visit to Ghana, returning almost five months later. He had paid the rent by standing order during this time.

Lambeth effected forcible entry of the property amid concerns that the tenant might have died there. It cleared out his possessions and found a replacement occupant prepared to take the property on 4 December (one day before the appellant’s return from Ghana).

Efforts to reinstate his tenancy of the property came to nothing, so he brought proceedings for unlawful eviction and for damages for the wrongful dismissal of his possessions.

In London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 the Court of Appeal overturned the judge at first instance’s award of £90,000 in statutory damages.

Giving the judgment of the court, Lord Justice Briggs allowed Lambeth’s appeal on the construction of s. 28 of the Housing Act 1988.

For a fuller report on the Court of Appeal judgment, click here.