Tenant not liable after sub-tenant unlawfully evicted by landlord

The High Court has overturned a decision that a tenant was liable to pay damages to his sub-tenant after she was unlawfully evicted by the property owner. 

Natalie Tatton, Solicitor in our dispute team provides an update.

Mr Brem rented a hairdressing salon from the property owner Mr Marchant, with the agreement that he could also make use of the flat upstairs. 

Brem sub-let the flat to a member of his salon staff, Oneka Murray, who lived there with her young son. She paid rent to Brem, who continued to make payments to Marchant, who was aware of the arrangement and raised no objections.

Evicting a sub-tenant 

A year into the sub-tenancy, Murray made a complaint that the flat was in a dangerous condition. 

Upon hearing this, Marchant had her belongings removed from the flat, changed the locks and evicted her. 

Murray brought a claim against both Marchant and Brem for breach of the Protection from Eviction Act 1977 and damages for unlawful eviction. 

The judge ruled Brem had breached the implied covenant for quiet enjoyment, which protects tenants from intrusion and disturbance by their immediate landlords, adding he had “ignored his legal obligations” by allowing Marchant into the flat “despite being entitled to exclude him”. 

On that basis he found Brem jointly liable in damages and costs.  

However, Brem had that decision overturned by the High Court, which noted he had not carried out the eviction himself, and those that did were not claiming to act on his behalf. 

In addition, the covenant did not impose on the immediate landlord any positive obligation to stop others intruding, regardless of the practicalities. 

Murray was entitled to damages for her eviction, but they were to be paid by Marchant, and not by Brem.  

For more information about this article or any aspect of commercial property law please contact Natalie on 01228 516666 or click here to send her an email.