A judgement from the Supreme Court in an unlawful eviction case has confirmed that both private and social landlords will be treated equally when calculating statutory damages under the Housing Act 1988.
The ruling in Loveridge (AP) v Mayor and Burgesses of the London Borough of Lambeth upheld the earlier decision to award substantial damages to the tenant.
Harry Loveridge, the claimant in the case, had travelled to Ghana in July 2009, but continued to pay the rent for his Lambeth council tenancy, in which he had left all of his personal possessions. However, in September the council forced entry and took possession of the flat believing that Mr Loveridge had died. They changed the locks to the property and served a notice to quit.
A Lambeth County ruling held that the eviction was unlawful and awarded statutory damages of £90,500. The council appealed to the Court of Appeal claiming that lower damages apply to social landlords, who set aside the damages for the Supreme Court to rule upon.
The Supreme Court’s judgement upholds the original decision – with a slight adjustment to the figure for loss of personal possessions – awarding damages to the effect of £99,500. The ruling means that social and private landlords are subject to the same financial consequences if they fail to adhere to the law regarding the eviction of tenants.
Barrister Michael Paget of Cornerstone Barristers, who acted on behalf Loveridge in the case, said: “The Supreme Court has made it clear that the Housing Act 1988 applies to all landlords equally, with a potential heavy penalty when a tenant with significant security of tenure is unlawfully evicted.”