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Unlawful Eviction

Speaker: Jim Shepherd
Chambers: Doughty Street Chambers

Jim Shepherd
Barrister
Doughty Street Chambers

Our resident housing expert and longstanding presenter, Judge Jim Shepherd of Doughty Street Chambers delivers another in-depth dive into his field of expertise, this time training his eye on unlawful eviction, which gained even more importance during the pandemic. Topics looked at include:

  • Causes of Action
  • PHA section 1
  • Trespass to the person: assault and battery
  • Intimidation
  • Trespass to goods
  • Conversion
  • Breach of covenant for quiet enjoyment (contract)
  • Derogation from grant (contract)
  • Trespass to land (tort)
  • Nuisance (tort)
  • Defences

Relevant laws

Protection from Eviction Act 1977

Criminal Law Act 1977

Protection from Harassment Act 1997

Housing Act 1988

Allen v Flood [1895-98] All ER 52 (HL)

Drane v Evangelou [1978] 1 WLR 455, CA

Sampson v Wilson (1995) 29 HLR 18 (CA)

Kenny v Preen [1963] 1 QB 499 (CA)

Hunter v Canary Wharf [1997] AC 684 (HL)

Jim specialises in housing law for tenants and homelessness applicants in severe need. In the context of community care, he has been committed to tackling the plight of young homeless people and those who suffer from mental health issues.

Jim continues to sit as a Judge in the First Tier Tribunal Property Chamber and in the Leasehold Valuation Tribunal in Wales. He is ranked in the Legal 500 and by Chamber & Partners.