Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

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Arden Chambers, 18th May 2018

Source: www.ardenchambers.com