Brynmor Adams appears in unlawful eviction Court of Appeal case

May 17, 2018

Brynmor Adams of Exchange Chambers appeared in the Court of Appeal in the case of Joy Smith v Mohammed Riaz Khan [2018] EWCA Civ 1137 in which the Court provided guidance on the correct approach to assessing general damages for trespass in unlawful eviction cases.

Lord Justice Patten, giving the judgment of the Court, emphasised that a cause of action in trespass continues so long as the tenant’s right to possession subsists.  Therefore the question is how long the tenancy in fact continued, not when the landlord could have terminated it had he acted lawfully.  The court found on the facts of the case that the tenancy and therefore damages continued until the claimant abandoned her claim for reinstatement.

This case should serve as a reminder that landlords who have unlawfully evicted a tenant remain liable for damages until they lawfully terminate the tenancy.

Brynmor is a housing and property law specialist.  Chambers & Partners 2018 describes him as a “talented up-and-coming junior” who is “brilliant on his feet and good at technical arguments”, whilst the Legal 500 says that he is “a very astute, confident advocate”.  He has recently been appointed to the Attorney General’s Regional B Panel of Junior Counsel to the Crown.  Brynmor was instructed by the Bar Pro Bono Unit.