Defending Unlawful Eviction

Apr 17, 2014

Defending Unlawful Eviction
Our client (landlord) is defending a claim of unlawful eviction. Due to the bail conditions the tenant was not allowed to use or enter the premises.

The tenant filed an ex-parte injunction application and he was successful. We immediately filed an application to set aside their ex-parte injunction and were also successful.

The case was listed for a final hearing and the presiding judge realised that the tenant has not filed a witness statement to cover the damages issues. The court ordered the tenant to file a witness statement to cover all other issues relating to damages.

The tenant failed to adhere to this order. The tenants solicitor made an application seeking permission to file a Schedule of Damages. Unfortunately, this was never ordered by the court to file.

Mr Patel interpreted two sets of the order. The District Judge immediately agreed with his submissions and skeleton argument. Mr Patel was rewarded with £750 costs for presenting his skeleton argument on that point.

The tenant was debarred from making any further claim for special damages and now the tenant cannot rely upon the Schedule of Damages either.

In fact, the tenant has no witness statement for a trial as a consequence of CPR rule 32.10 and he cannot present his case.

Mr Patel has extensive experience of dealing with landlord and tenant cases. He has read and resolved several complex cases.

Mr Patel has recovered several properties by evicting tenants lawfully.

If you have landlord or tenant dispute please feel free to call us.

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