Unlawful Eviction

It can be very frustrating to a landlord to discover that his or her tenant doesn’t have the means or perhaps the intentions to fulfil the obligations of the tenancy agreement. This may be the tenant building up substantial rent arrears or allowing the standard of the property to fall into decline through neglect and a general lack of care.

Very often, as landlords when we tell our tales of tenant woe to our friends and family, we hear responses such as, “can’t you just boot them out if they’re not paying?” and “why don’t you just wait until they’re not in and go round and change the locks?” While such friends and family may have only the best intentions at heart, a landlord who was to follow these friendly words of advice to the letter would, more than likely find himself with a claim for unlawful eviction adding to his stresses and frustrations.

To follow are two such cases from earlier this year. These are intended to be read purely for interest in order to show how a court responds to and handles unlawful eviction claims.

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