Unlawful eviction

Unlawful eviction

Unlawful eviction arises when an occupier is removed from, or prevented from accessing, premises which they are entitled to occupy, without the legally-prescribed method of recovering possession being used.

Unlawful eviction can give rise to various different claims, including (among other things):

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Latest Property Disputes News

Property Disputes weekly highlights—21 November 2024

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal case on the court’s jurisdiction to vary a suspended possession order, Upper Tribunal decisions on the impact on limitation of non-payment of an application fee, and the reasonable repair assumption in determining rateable value, and a High Court case regarding adverse possession and trespass. It also includes the launch of the Law Commission’s consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, as well as the UK Judiciary’s release of the Senior President of Tribunals’ annual report for 2024.

175th Practice Direction update—in force 20 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 175th Practice Direction (PD) update to the Civil Procedure Rules (CPR). The amendments come into force on 20 November 2024. The 175th PD update contains amendments to the online Damages Claims Pilot under CPR PD 51ZB (the DCP), in order to correct a misalignment between the rules in CPR PD 51ZB and the operation of the DCP digital service, concerning the automatic dismissal of claims. CPR PD 51ZB is updated to state so that within four months of the date of issue of the claim, the claimant must not only notify the defendant of the claim and the claim details, but also notify the DCP that they have taken these steps to avoid automatic dismissal of the claim.

Law Commission launches consultation on right to renew business tenancies

The Law Commission has launched a consultation to examine how the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954 (LTA 1954) functions and whether it meets the needs of business tenants and landlords. The consultation seeks to assess the efficacy of the current ‘contracting out’ model and explore alternative models, including mandatory security, the abolition of security of tenure, and a ‘contracting-in’ approach. It also examines which types of business tenancies should benefit from security of tenure. The consultation closes on 19 February 2025, with a second consultation paper expected to follow based on the responses received.

Court had jurisdiction to vary and convert suspended order to outright possession order (Kerr v Poplar HARCA)

Property Disputes analysis: In Kerr v Poplar HARCA [2024] EWCA Civ 120, the Court of Appeal considered whether the court had jurisdiction to vary a suspended possession order (SPO) made following a possession claim for rent arrears, to make an outright order for possession on the grounds of anti-social behaviour. The court held that a SPO originally based on a discretionary ground for possession can be converted into an outright possession order even where the new ground for possession is mandatory. Written by Laura Tweedy, mediator and barrister, and Callum Reid-Hutchings, barrister, both of Gatehouse Chambers.

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