The risks of getting it wrong – Laverty v Citizen Housing Group

The case of Laverty v Citizen Housing Group reported in Legal Action Group October 2024 highlights the risks of not having a robust process in place in relation to suspected abandoned properties.

Mr Laverty was the assured tenant of Citizen Housing Group (CHG).? In July 2022 he was detained in hospital under the Mental Health Act and discharged to “step down” accommodation in August 2022. CHG was unaware of his whereabouts and the rent continued to be paid by Universal Credit.? CHG served a Notice to Quit (NTQ) in November 2022 and on its expiry took back possession and disposed of Mr Laverty’s belongings.? The property was then re-let.? After CHG had taken back possession they were advised by Mr Laverty’s mental health worker that he did not intend to return to the Property.

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Mr Laverty was discharged for the step down accommodation in March 2023 and did not have anywhere to live.? He issued a claim against CHG for unlawful eviction.? CHG argued that he had surrendered the tenancy by operation or law or the NTQ had effectively terminated his tenancy by ceasing to occupy it as his only or principal home

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Granting summary judgment on behalf of Mr Laverty, DJ Bradshaw found that Mr Laverty had vacated the property involuntarily, left his possessions there and continued to pay rent.? The fact that he may have wanted to live elsewhere was irrelevant, he had no where else to go and had an intention to return to the Property

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Unlawful eviction claims can be a costly mistake for landlords.? Tenants can be awarded statutory damages, general damages, special damages for the loss of belongings, aggravated damages for severe suffering and exemplary damages.? Damages can also be calculated on a daily basis for every day the tenant it without the accommodation

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CHG in this case did not know Mr Laverty’s whereabouts when they took back possession of the Property.? Social landlords must have a clear procedure in place when investigating possible abandonments and it is important that the locks are not changed, and the property cleared prematurely

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It is important that clear records are retained in relation to the investigation of the suspected abandonment and that the investigation is thorough.? If a tenant returns to the Property you would need to prove that the tenant was no longer occupying the property as their only or principal home to be able to defend any unlawful eviction claim.? If you are still unsure whether the property has been abandoned a social landlord should apply to the court for a possession order before the locks are changed

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For information and legal advice on suspected abandonment and unlawful eviction please contact us

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