Arthur Moore represented Ms Kerrie Spinner in the recent unlawful eviction case of Kerrie Spinner v Mr Poonia, Mrs Poonia and Stones Property Limited at Uxbridge County Court.
The landlords’ defence was that they considered that Ms Spinner had abandoned the property and so they placed her belongings in bin bags and left them outside, where they became wet with rain. At an earlier hearing in August 2011, in which Ms Spinner was represented by Morayo Fagborun Bennett, the court had made no order on Ms Spinner’s application for an injunction to permit re-entry as the Defendants had evidence that they had re-let the Premises ahead of the hearing date. The court however agreed to join Mr Poonia and Mrs Poonia to the proceedings after it was alleged that Stones Property Limited was not in fact the landlord.
In November 2012, DJ Banks gave judgement for Ms Spinner and made the following award against all three Defendants:
- General damages at £15,120 (calculated as £120 per day for 126 days)
- Aggravated damages at £2,000 (because of the Defendants’ cavalier attitude towards Ms Spinner’s belongings, as shown by them packing her belongings in plastic bags and leaving them to become water logged in the back garden)
- Exemplary damages at £2,000 (because the premises were re-let after the Defendants received Miss Spinner’s solicitor’s letter seeking her re-admission into the premises)
- Special damages £895
- Interest £936
This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.
Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Hardwicke. However if you have any other queries about this content please contact: