“…gful eviction as such. Nor does section 3 of the Protection from Eviction Act 1977 create such a cause of action: McCall v Abelsz [1976] 1 QB 585; Smith v Khan [2018] EWCA Civ 1137, [2019] 1 P & CR 4. (There is now a statutory liability, in the nature of a tort, for unlawful eviction of a residential occupier under section 27 of the Housi…”
“…sion before possession actually passes to the trespasser: Clerk & Lindsell on Torts (23rd ed) para 18-19; Browne v Dawson (1840) 12 Ad & E 624. In Smith v Khan [2018] EWCA Civ 1137, [2019] 1 P & CR 4, for example, where Mrs Smith was evicted on 15 April 2015 and brought proceedings on 11 May 2015 following a letter before action sent on 2…”