Smith v Khan [2018] EWCA Civ 1137 (17 May 2018)

Smith v Khan [2018] EWCA Civ 1137 (17 May 2018)

There was no implied surrender of the tenancy by Mr Smith as of 15 April 2015; Mrs Smith was entitled to damages for trespass from the date of unlawful eviction until the end of the contractual tenancy on 30 June 2015 at a rate of £130 per day, reflecting current judicial tariffs for unlawful eviction and...

Source-derived case information.

Citation
[2018] EWCA Civ 1137
Parties
Claimant/appellant: Joy Smith; Defendant/respondent: Mohammed Riaz Khan
Jurisdiction
England and Wales
Judgment Date
17 May 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed.
Legal Topics
Unlawful Eviction, Damages Assessment, Implied Surrender, Assured Shorthold Tenancy, Home Rights, Aggravated and Exemplary Damages
Landlord and Tenant Family Law Civil Procedure Unlawful Eviction Damages Assessment Implied Surrender Assured Shorthold Tenancy Home Rights +1 more

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Parties

Joy Smith

Claimant/appellant

Mohammed Riaz Khan

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether there was an implied surrender of the tenancy by Mr Smith
  2. 2 Correct period and rate for assessment of damages for trespass following unlawful eviction
  3. 3 Whether damages should be limited to 28 days under Protection from Eviction Act 1977 or extend to end of contractual tenancy

Ratio Decidendi

There was no implied surrender of the tenancy by Mr Smith as of 15 April 2015; Mrs Smith was entitled to damages for trespass from the date of unlawful eviction until the end of the contractual tenancy on 30 June 2015 at a rate of £130 per day, reflecting current judicial tariffs for unlawful eviction and compensating for loss of home, anxiety, and inconvenience.

Court Disposition

Appeal allowed in part; cross-appeal dismissed.

Orders

  • Mr Khan to pay Mrs Smith damages for trespass from 15 April to 30 June 2015 at £130 per day (£9,880)
  • Additional damages of £4,200 for aggravated, exemplary, harassment, and special damages