Defending claim for alleged unlawful eviction

The property in question was badly damaged by a flood. The tenancy agreement included a clause entitling either party to give notice treating the tenancy as at an end in circumstances where the property became uninhabitable.

The client gave notice and arranged a refund to the tenant in relation to payment of rent following the period on which the notice expired. The tenant instructed solicitors and submitted a claim alleging unlawful eviction and requiring compensation for damage caused to the tenant’s personal belongings.

Alison Sparks advised the client to successfully argue that the tenancy had been correctly terminated in accordance with the tenancy agreement and that the client was not liable for damages as alleged. The tenant’s claim was resolved by negotiation without the issue of court proceedings.