Jones and another v Miah and another
Jones and another v Miah and another
- 1992
- Estates Gazette (1992) 33 EG 59-65(7) .
CA 7 April 1992. This was an appeal, allowed in part, against damages awarded for unlawful eviction under Housing Act 1988 ss27 and 28. The appellants claimed that since the vendor of the lease gave them the key in order for them to evict the tenants before completion, they were not at the time of eviction landlords and ss27 and 28 did not apply. They also claimed that the retrospective effect of these sections of the Act was contrary to European Convention for the Protection of Human Rights and Fundamental Freedoms, that it was not for the court to find them joint tortfeasors and that the damages had be calculated wrongly.
DAMAGES
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
HOUSING ACT 1988 S27
HOUSING ACT 1988 S28
JOINT TORTFEASORS
LANDLORDS
RETROSPECTIVE PENALTY
UNLAWFUL EVICTION
VACANT POSSESSION
CA 7 April 1992. This was an appeal, allowed in part, against damages awarded for unlawful eviction under Housing Act 1988 ss27 and 28. The appellants claimed that since the vendor of the lease gave them the key in order for them to evict the tenants before completion, they were not at the time of eviction landlords and ss27 and 28 did not apply. They also claimed that the retrospective effect of these sections of the Act was contrary to European Convention for the Protection of Human Rights and Fundamental Freedoms, that it was not for the court to find them joint tortfeasors and that the damages had be calculated wrongly.
DAMAGES
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
HOUSING ACT 1988 S27
HOUSING ACT 1988 S28
JOINT TORTFEASORS
LANDLORDS
RETROSPECTIVE PENALTY
UNLAWFUL EVICTION
VACANT POSSESSION