the meaning of unlawful eviction The rights of tenant dealing with unlawful eviction
What tenants and lessors (landlords) have to understand about Unlawful eviction Unlawful eviction occurs when a lessee is removed from leased land or buildings, or is prevented from taking possession, in a manner that contradicts the lease agreement.
Specifically, unlawful eviction arises in two main scenarios:
- Eviction Contrary to Lease Terms:
When a lessee is evicted from the whole or a part of the leased land or buildings contrary to the express or implied terms and conditions of a lease.
- Inability to Obtain Possession:
When a lessee, at the commencement of the lease, is unable to obtain possession of the leased land or buildings (or part thereof) due to the actions or non-actions of the lessor or their agents/employees, contrary to the express or implied terms of the lease.
Legal Consequences of Unlawful Eviction
The legal consequences of unlawful eviction primarily benefit the lessee and impose liabilities on the lessor:
- Cessation of Lessee’s Obligations:
From the moment of unlawful eviction, the lessee is no longer obligated to pay any rent or other moneys due under the lease, nor are they required to perform any of the expressed or implied covenants and conditions of the lease for the part of the land or buildings from which they were evicted.
- Repudiation of Lease:
If the lessor’s conduct demonstrates an intent not to comply with the lease, the lessee may repudiate the lease and cease to pay any rent under it.
- Right to Sue for Damages:
The lessee can commence an action against the lessor for damages. A court may award damages for the inconvenience suffered by the lessee and their dependants, and may also include an element of damages by way of a penalty on the lessor.
- Specific Performance:
The lessee may seek a decree of specific performance to compel the lessor to fulfill their contractual obligations.
- Injunction:
The lessee can apply for an injunction to prevent a threatened or continuing breach by the lessor. An injunction is a court order that either prohibits a party from doing something (prohibitory) or orders them to carry out a specific act (mandatory).
- Set-off for Repairs:
If the lessor fails to maintain the premises in good repair and fit for human habitation, the tenant may serve notice to the landlord, and if the repairs are not done within 30 days, the tenant can undertake the repairs and set-off the cost against the rent due.
- Relief from Court:
An application for relief against the eviction can be made by the lessee, co-occupiers, a sublessee, a mortgagee of the lessee, or the trustee in bankruptcy of the lessee. The court has broad powers to grant relief, including canceling, varying, or postponing the eviction order; extending the time for compliance; altering compensation; or substituting remedies. Even if procedural errors occurred in the landlord’s notice, the court can confirm the notice if the lessee was aware of its substance and no substantial injustice would occur.
Example
An example of conduct that could lead to unlawful eviction or related legal action is illustrated in the case of Festo Ngowi v. R. In this case, the appellant was found guilty of wilfully subjecting tenants to annoyance by disconnecting electricity supply to the tenant. Such actions, which interfere with the lessee’s quiet enjoyment and habitability of the premises, could be considered a breach of implied lease terms, potentially leading to a claim of unlawful eviction or other remedies for the lessee.
