Kalas v Farmer

Kalas v Farmer

The claimant did not abandon or surrender the tenancy; the landlord did not have an honest or reasonable belief that the claimant had ceased to reside; the defence under section 27(8) fails. Mitigation of damages was not pleaded or argued at trial and cannot be raised on appeal. Indemnity costs were justified due to the landlord's deliberate unlawful conduct.

Parties
Appellant: Kalas; Respondent: Farmer
Jurisdiction
England and Wales
Judgment Date
29 January 2010
Procedural Posture
Civil Appeal / Appeal From Central London County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Unlawful Eviction, Damages, Surrender of Tenancy, Mitigation of Damages, Indemnity Costs
Landlord and Tenant Law Housing Law Unlawful Eviction Damages Surrender of Tenancy Mitigation of Damages Indemnity Costs

Case Brief

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Parties

Kalas

Appellant

Farmer

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment

Legal Issues

  1. 1 Whether the claimant abandoned or surrendered the tenancy prior to the landlord's re-entry and sale of the premises
  2. 2 Whether the landlord had a reasonable belief that the claimant had ceased to reside at the premises under section 27(8) of the Housing Act 1988
  3. 3 Whether damages should be mitigated under section 27(7) of the Housing Act 1988 due to the claimant's conduct

Ratio Decidendi

The claimant did not abandon or surrender the tenancy; the landlord did not have an honest or reasonable belief that the claimant had ceased to reside; the defence under section 27(8) fails. Mitigation of damages was not pleaded or argued at trial and cannot be raised on appeal. Indemnity costs were justified due to the landlord's deliberate unlawful conduct.

Court Disposition

Appeal dismissed

Orders

  • Damages of £49,500 for unlawful eviction confirmed
  • Damages of £3,200 for loss of possessions confirmed