000 01870cab a2200313 4500
001 ABS59692
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u89592
041 _aeng
245 _aMcLeod v Butterwick: Khazanchi and another v Faircharm Investments Ltd and another
260 _c1998
350 _a0
490 _aWeekly Law Reports
_v[1998] 1 WLR 1603-1629(27)
520 _aCA 17 March 1998. In the first case, the sheriff had no written walking possesssion agreement. He broke into the plaintiffs house, removed goods and then installed new locks. The plaintiff appealed against the judges decision not to impose an injunction to restrain the sheriff from selling the goods. In the second case, the bailiff, after entering into a walking possession agreement, forced entry, removed the goods and then installed new locks. The tenants appealed against the county court decision that the forced entry was lawful. "Held" a bailiff or sheriffwas not entitled, after impounding forcibly, to re-enter premises except where he was expelled by force or had been deliberately excluded by the tenant. A locked door was not sufficient to justify a forcible re-entry. Although the forcible re-entry was unlawful in both cases the appeals were dismissed. The sheriff was in lawful possession of the goods and entitled to sell them. The tenants had not proved any recoverable damage.
650 _aABINGDON DC V O`GORMAN
650 _aBAILIFFS
650 _aBANNISTER V HYDE
650 _aDAMAGES
650 _aDISTRESS FOR RENT ACT 1737
650 _aDISTRESS FOR RENT
650 _aEAGLETON V GUTTERIDGE
650 _aFORCIBLE ENTRY
650 _aMCLEOD V BUTTERWICK
650 _aWALKING POSSESSION AGREEMENTS
650 _aWRIT OF FIERI FACIAS
690 _aLANDLORD AND TENANT-CASE LAW
942 _n0
948 _c10/11/1998
999 _c56701
_d56701