Ramdath v Oswald Daley (T/A D & E Auto Spares) and another
Ramdath v Oswald Daley (T/A D & E Auto Spares) and another
- 1993
- Estates Gazette (1993) 20 EG 123-125(3) .
CA 18 January 1993. The first defendant (D) was lessee of premises in which the plaintiff (R) occupied the second-floor flat. In July 91 the second defendant (A) became manager on behalf of D and demanded a weekly rent of £100 instead of £40, R refused to pay the increase. R returned home one day in August to find himself locked out of the flat and some of his possessions outside. R did not gain readmittance until September. Meanwhile A verbally abused R in front of witnesses on five occasions. The County Court awarded exemplary damages against both D & A. They appealed. D`s appeal dismissed; A`s appeal "held" in part, as exemplary damages could not be ordered against A acting as a landlord`s agent unless it was established that A stood to benefit from the eviction.
EXEMPLARY DAMAGES
RENT ARREARS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
UNLAWFUL EVICTION
CA 18 January 1993. The first defendant (D) was lessee of premises in which the plaintiff (R) occupied the second-floor flat. In July 91 the second defendant (A) became manager on behalf of D and demanded a weekly rent of £100 instead of £40, R refused to pay the increase. R returned home one day in August to find himself locked out of the flat and some of his possessions outside. R did not gain readmittance until September. Meanwhile A verbally abused R in front of witnesses on five occasions. The County Court awarded exemplary damages against both D & A. They appealed. D`s appeal dismissed; A`s appeal "held" in part, as exemplary damages could not be ordered against A acting as a landlord`s agent unless it was established that A stood to benefit from the eviction.
EXEMPLARY DAMAGES
RENT ARREARS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
UNLAWFUL EVICTION