Landlord fined for illegal eviction after getting a possession order

When bringing possession proceedings against a tenant, you not only need to get the order for possession.

You also need to physically evict the tenants (if they fail to move out) the proper way – via the court bailiffs or sheriffs.

As this illegal eviction case illustrates.

Waliezada v Dickson [2013] Manchester County Court

Mr Dickson, a private landlord, had obtained a possession order against his tenant Mr Waliezda on the basis of rent arrears in November 2011.

Mr Waliezada applied to have it set aside.

Before the hearing had taken place however, and without applying for a bailiffs appointment, Mr Dickson went to the property with a locksmith, while Mr Waliezada was taking his three children to school and changed the locks.

He left some of the Waliezada possessions outside the property, others remained inside where the tenants could not get at them.

The family spent six nights in temporary accommodation before being permenantly rehoused, presumably by the Local Authority.

On 19 December, Dickson gave an undertaking to return all their possessions to them, but in fact only returned some of them.

Waliezada subsequently issued proceedings for compensation.

He won his case and the Judge, Recorder Smith, made the following award:

• £6,050 General damages – for trespass to property, harassment and breach of the covenant for quiet enjoyment
• £1,866 special damages – trespass to possessions and miscellaneous expenses
• £2,200 aggravated damages
• £1,650 exemplary damages
• £56 Interest on special damages

Total – £11,822

Dickson was also ordered to pay legal costs on the more expensive ‘indemnity basis’ because he had breached the undertaking he had given on 19 December and because of his ‘shameful’ conduct of the case generally.

Let this be a warning!

Note – if you are considering evicting YOUR tenant >> click here