Tenants actions if they have been illegally evicted.
- If a tenant has been illegally forced to leave his property by a landlord, then he/she is entitled to claim damages under Sections 27 and 28 Housing Act 1988. If they have been reinstated in the property or if it is reasonable for them to do so and they have not, then the damage entitlement is removed. If they have been offered reinstatement but mobbing back is not reasonable then the claim for damages can still stand.
Damages can be claimed in the following circumstances:
- The tenant is unlawfully deprived by the landlord of the occupation of part or whole of the property.
- An attempt is made by the landlord to deprive the tenant of the occupation of part or whole of the property and as a result the tenant ceases occupation of the property.
- The tenant’s landlord interferes with the tenants use, peace and enjoyment of the property or has services withdrawn that are reasonably required for the occupation of the property as a residence and: -
- As a result the tenant leaves the property with the landlord knowing or had reasonable cause to believe this would be the outcome.
Damages
- The tenant will also be entitled to claim damages having been subject to harassment/illegal eviction under the following claim headings:
General damages
- These are compensation for pain and suffering, physical injury, discomfort, loss of enjoyment, inconvenience and shock.
Special damages
- This is classed as losses that are quantifiable i.e. compensation for damaged or lost property or the cost of alternative accommodation prior to reinstatement to the property.
Aggravated damages
- These would be awarded if the tenant has been subjected to any form of violence or other aggravating factors.
Exemplary damages
- These are awarded to deter the landlord from committing similar actions in the future. The award would be given if the landlord has in some way profited from his illegal actions and the profits exceed any compensation that has been awarded to the tenant.
