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Unlawful Eviction Update

Speaker: Jim Shepherd
Chambers: Doughty Street Chambers

Jim Shepherd
Doughty Street Chambers

“Counsel for the landlord at times seemed to be suggesting that this was a comparatively minor dispute between a landlord and a tenant. I emphatically dissociate myself from that.
To deprive a man [or a woman!] of a roof over his head is, in my judgement, one of the worst torts which can be committed. It causes stress, worry and anxiety”
(Per Lawton LJ in Drane v Evangelou [1978] 1 WLR 455, CA)

Causes of Action
The aim of this section is to identify the main causes of action available to those who have been unlawfully evicted.
The following abbreviations are used throughout this section:
a. PEA – Protection from Eviction Act 1977
b. CLA – Criminal Law Act 1977
c. PHA – Protection from Harassment Act 1997
d. HA 1988 – Housing Act 1988

a. Illegal eviction of residential occupier (PEA section 1(2));
b. Harassment of residential occupier with the intention of causing a residential occupier to (or knowing/ having reasonable cause to believe the residential occupier will) give up occupation of premises (PEA section 1(3) and (3A));
c. Using or threatening violence for the purpose of securing entry into any premises (CLA section 6);
d. Harassment (PHA section 2(1));
e. Putting an individual in fear of violence (PHA section 4);
f. Breaching a restraining order or injunction granted under the PHA (PHA section 5 (5) and 3(6)).

First step – ascertain the status of the (former) occupier

Access to the speakers notes is via the Past Papers section of our website

You can contact Jim Shepherd regarding your Housing Law caseload via practice manager Sia Wilkins on 0207 400 9047