A council tenant has received £115,000 in compensation after a local authority unlawfully ended his tenancy and re-let his home.
The settlement was reached after legal action brought by Duncan Lewis Solicitors in the High Court (King’s Bench Division) in the case Nagar v London Borough of Harrow.
Nagar, a long-term secure tenant of Harrow Council, had lived in the property for many years and intended to resume occupation following a family court order.
But in December 2023 he discovered the council had re-let his home without warning — leaving him homeless and without access to his possessions.
The council claimed the tenancy had been lawfully terminated by a Notice to Quit signed by his ex-wife. However, the Notice — dated 17 October 2023 — purported to end the tenancy just six days later, on 23 October 2023.
This was in breach of both the tenancy agreement and section 5 of the Protection from Eviction Act 1977, which requires a minimum of four weeks’ notice.
Acting for the tenant, Duncan Lewis Solicitors challenged the validity of the Notice and issued High Court proceedings valued at £140,000.
Harrow Council’s attempted to defend the claim by arguing the Notice was “effective from” a later date. However the statutory notice period begins on the date of service — it cannot be overridden by later interpretation.
Following mediation, Harrow council. agreed to settle the claim for £115,000, recognising the seriousness of the unlawful eviction and the strength of the tenant’s legal position.
Manjinder Kaur Atwal, Director of Housing Law at Duncan Lewis, says: “This case is a stark reminder that the four-week notice period is not optional. When councils or landlords fail to follow statutory protections, the consequences for tenants can be devastating — and costly for those responsible. We are pleased that Mr Nagar has finally received justice and significant compensation for the hardship he was put through.”
The law firm says this case underscores the critical importance of properly scrutinising Notices to Quit — particularly in joint tenancy situations.
Even a seemingly small error, such as failing to meet the four-week statutory notice requirement, can render a Notice completely invalid and expose landlords to high-value unlawful eviction claims.
This article is taken from Landlord Today