Unlawful Eviction

Black Antelope Law was instructed by MC, a private tenant, who wanted to recover her possessions and be readmitted to her house after her unlawful eviction/illegal eviction.

MC had rented her home from her landlady for a number of years and the tenancy was in her sole name. A few years after moving in, MC's then boyfriend came to live with her. Her boyfriend was a close friend of the landlord.

A few years later, MC broke up with her boyfriend as a result of domestic abuse and asked him to leave the house. Her boyfriend refused to leave and he intimidated her into leaving the house. Scared, MC repeatedly tried contacting her landlord over a period of weeks to explain she had been excluded from her home but her calls and messages went unanswered.

After a month had passed, during which time MC was sofa surfing with friends, the landlord responded to say that MC had failed to hand in a notice to say she was leaving the house and that a tenancy of the house had been granted to MC's ex-boyfriend.

MC was able to get a Non-Molestation and Occupation Order from the Family Court against her ex-boyfriend to have him removed from the house with the assistance of police, but the police were powerless when the landlord advised them that she had decided to move into the house herself (NB that the family court had no jurisdiction to make an injunction order against the landlord).

At this point, MC was in no doubt that the landlord was hostile and had been influenced by her relationship with MC's ex-boyfriend. Furthermore, since the landlord would not give her access to her belongings, she came to Black Antelope Law for advice and assistance.

After sending the landlord a pre-action letter, the landlord responded to say that MC's belongings were worthless and that they would be sent to a tip unless MC paid the landlord £3,000. After being warned not to destroy or dispose of MC's goods, an email was receiving from the landlord's brother saying he had already destroyed her possessions.

Distressed, MC went round to the house and found the landlord's brother wielding a hammer and destroying her belongings. After being threatened, MC called the police who arrested the landlord's brother.

As a result of the escalation of events, Black Antelope Law issued court proceedings and made a without notice injunction application to the court to readmit MC to the house and to have whatever belongings remained returned to her possession. The basis of the injunction was that the tenancy had not been lawfully terminated by the landlord (as no notice was given to MC as required by law) and MC had clearly shown that she had not abandoned the property given her various messages and texts prior to the new tenancy being granted to her ex-boyfriend.

After the court granted the without notice injunction order, MC was able to return to her home whilst her claim was going through the court. After obtaining legal advice from solicitors, the landlord decided to settle the court claim at an early stage of the proceedings and MC received £13,000 in compensation for the 4.5 months that she was unlawfully evicted, the property damage, and for harassment. The landlord also agreed to pay MC's legal costs.