Prosecutions - ATRO - Association of Tenancy Relations Officers

Prosecutions

This page will give details of prosecutions brought under the Protection From Eviction Act 1977 (and associated legislation) by local authorities. Please submit details for publication to a Committee member.

Prosecution by Oxford City Council

A landlord has been jailed for three months for unlawfully evicting a tenant from his property.

Mr Kenston McIntosh pleaded guilty to unlawful eviction after a hearing at Oxford Crown Court.

The court heard that Mr McIntosh had accepted that he had evicted his tenant, Mr Michael Hutchinson, without a court order but maintained that he had provided accommodation to him as an act of charity.

Oxford City Council became involved in the case when officers received a phone call from Mr Hutchinson in February this year. He had been living at the property in Balfour Road since 2006 and paid rent in cash to his landlord.

His circumstances changed when he stopped working and applied for Housing Benefit. The council told him that they could not process his claim without proof from the landlord that he was living at the property. Mr McIntosh refused to provide this information and asked Mr Hutchinson to leave the property.

Mr Hutchinson sought advice from the Council’s Tenancy Relations Officer who wrote to Mr McIntosh informing him of Mr Hutchinson’s rights to remain in the property. In response to that letter Mr McIntosh served an invalid notice seeking possession on Mr Hutchinson.

On 27 March 2010, Mr McIntosh attended the property and became aggressive telling Mr Hutchinson to leave the property and that the locks would be changed. Following the eviction, Mr Hutchinson was forced to sleep in an abandoned car.

Mr McIntosh was previously arrested at Gatwick Airport on 2 October 2010 after he failed to attend an earlier court hearing in this case while on unconditional bail. He was held in custody at Crawley Police Station over that weekend before being transferred to Oxford Magistrates Court on the Monday. He was released on conditional bail to attend the hearing on Friday 29 October at Oxford Crown Court.

Councillor Joe McManners, Board Member for Housing, says: “There is a clear legal process for landlords to follow should they wish to evict a tenant. Mr McIntosh failed to follow that process in this case and has paid the price.

“The Court has sent out a strong message that it is simply not acceptable to evict a tenant without a court order.”

Mr McIntosh, of Freelands Road was jailed for three months on Friday. No costs were awarded.

Two prosecutions by Birmingham City Council - Protection from Eviction Act 1977

A Birmingham landlady has been found guilty on four counts of harassment under the Protection from Evcition Act 1977. The landlady appeared at Coventry Magistrates Court on 18 December 2009. The Court heard that in June 2008 the landlady had sent a series of text messages to her tenant in which she threatened to change the locks, send bailiffs and move back in herself. On two ocassions accompanied by relatives she attempted to forcibly gain access to the house. The landlady had received advice from the Council's Private Tenancy Unit but still continued her actions. The landlady was fined a total of £1700 and ordered to pay prosecution costs of £4000.

A Birmingham landlord pleaded guilty on 11 January 2010 at Birmingham Magistrates Court to unlawfully evicting his tenant. The landlord decided that he wanted the house back for a relative to move into. Instead of following the correct legal procedure to regain possession he issued an invalid notice and then changed the locks whilst the tenant was out at work. The tenants belongings were returned a week later. The landlord was sentenced to 120 hours unpaid community service and ordered to pay a contribution of £1500 towards prosecution costs.

Both prosecutions were brought by the Council's Private Tenancy Unit who can be contacted on 0121 303 5070.

Landlord jailed following Barnsley Council prosecution for illegal eviction

A LANDLORD is beginning a three-month prison sentence after pleading guilty at Sheffield Crown Court to evicting illegally a Barnsley family from their rented home.Stephen Brook, (53), a partner in Dewsbury-based Investment Properties, pleaded guilty to the offence, contrary to the Protection from Eviction Act 1977.The prosecution of Brook, of Woodkirk, Dewsbury, was brought by the council following complaints made to its Homelessness section by two households in the borough. The prosecution related to an illegal eviction in September last year in the Wombwell area. On 26 November this year (2009) Judge Moore was told that the locks to the property had been changed while the tenants were out. Requests by them to Brook to be allowed to return to their home were ignored. The tenants contacted the council and, when told that his actions were unlawful, Brook replied that he ‘did not do legal evictions’. In mitigation, Brook told the court he knew he had acted contrary to the law and that his actions were complete madness.In sentencing Brook, the Judge ordered him to pay a contribution of £1,000 towards the council’s costs.Cllr Jenny Platts, Cabinet spokesperson for Adult Social Services, said: “Where there are allegations that a landlord is harassing tenants or evicting them unlawfully from their homes the council has a duty to investigate these allegations. If the evidence confirms the landlord has acted unlawfully, and initial attempts to resolve the matter are not successful, we will pursue a prosecution of the landlord under the relevant legislation.”

Sheffield City Council v Timothy Mason

Mr Mason (of Meersbrook Park Road, Sheffield) pleaded guilty to charge of unlawfully depriving Alexander White, residential occupier of 135 Meersbrook Park Road, of occupation of the premises (Protection from Eviction Act 1977, s1(2). Sentence £500 fine, costs of £300 and victim surcharge of £15. The Court heard (Paul Barber for the Council) that the Protection from Eviction Act is there to protect people who have made a property their home and that there are only very limited cases where someone can be deprived of their home without a Court Order. Mr Mason was not the owner of the flat but was himself a tenant of Chevin Housing Association. The Council’s solicitor, Paul Barber said that there was dispute as to how Mr White came to occupy but that he needed a Court Order to evict the occupier in any case. The Court heard that Mr White’s account was that he made an agreement with the landlord, Timothy Mason, to rent the flat for about a year for a rent of £350 per month and that Mr White helped Mr Mason move things out to his girlfriends’ (the two are now married). After a month, the Court heard that Mr White claimed that there was a dispute about how rent should be paid, and that on the 8 August 2008, Mr Mason attended at the flat accompanied by 2 Police Officers, a Chevin Housing Association Officer and 2 workmen. Mr White was about to get into the shower and was in his dressing gown. However, Mr White was told he was there unlawfully and with great reluctance, he agreed to go. Mr Mason agreed that he accepted a £350 cheque from Mr White but maintained that the money was a goodwill gesture and he was looking for someone to live in his flat only whilst he was on holiday. The Court heard that Mr Mason was spoken to by a Council Officer from the Tenancy Relations Service at the Council who said that if he continued to evict without a Court Order, he may well be committing an offence but that Mr Mason carried on not withstanding that advice. The Court heard that Mr White was made homeless as a result of the eviction. Mr Barber said that even by Mr Mason’s account of events, he still needed a Court Order to force Mr White out of the property and that the Council, who brought the prosecution, were prepared to accept a plea of guilty on the basis of the account given by Mr Mason.

For the defence, Mr Sandford, said that Mr Mason only agreed to let Mr White caretake the property for 3 to 4 weeks but agreed that Mr Mason accepted a cheque for £350. Mr Mason returned early because his girlfriend had had an alarming medical diagnosis and on his return, sought to move back into his flat but Mr White refused to vacate. The court heard that Mr Mason sought advice about his situation and that 2 Police Officers were present when Mr White was evicted. Mr Sandford said that it seems that it was a Police Officer who suggested to Mr White that he should leave and that the vacation was achieved without any threat or

Sheffield family see their belonGings tossed out of the door - at the hands of A frustrated landlord A landlord who was responsible for tossing a Sheffield family’s possessions into the garden when they could not pay the rent should not have taken the law into her own hands, a court heard yesterday. Charlene Campbell, from Luton, pleaded guilty at Sheffield Magistrates court on 14 August, to acting with intent to cause her tenant, Tracy Hugill, to give up her occupation of 71 Horninglow Road – with her drastic actions. The court heard that on 29 November 2008 the tenant cowered in a neighbour’s house clutching her new born baby and a toddler while the family’s belongings were flung out of the door. Although the tenant had failed to pay the rent, the Chair of Magistrates said: "As a landlord you have certain responsibilities. Ignorance of the law is no excuse. You have been the victim of unscrupulous and determined tenants but they have rights as well." He went on to say that Charlene Campbell shall be under a Curfew Order for 3 months from 10pm to 7am. She is also to contribute £200 to the Council's £450 costs. Cllr Bob McCann, Sheffield City Council's Cabinet Member for Housing and Sustainable, Safer Communities, said: “Anybody taking on the role of landlord needs to be mindful of their responsibilities under the law. There is a legal process for dealing with rent arrears just as there is one for eviction, and this woman should have used the legal powers at her disposal rather than resorting to this unacceptable behaviour.”

Kirklees Council has prosecuted a landlord for offences under the Protection from Eviction Act 1977.

The case was brought against a Marsden Landlord, Susan Lowe, who had changed the locks and had left tenants belongings outside in the rain. She had refused to co-operate with the Tenancy Relations Officers and to abide by a Court injunction.

The Prosecution was brought by the Tenancy Relations Service in partnership with the Valleys Neighbourhood Policing Team.

Susan Lowe had pleaded not guilty but she was found guilty in Bradford Crown Court of unlawful eviction and criminal damage to tenants’ belongings. She was given a two year conditional discharge and was ordered to pay £1500.00 costs.

The tenant made a claim for damages in the County Court and was awarded a total of £6490.97 made up of £3036.00 special damages, £3000.00 general damages and £454.97 interest.

Kirklees Tenancy Relations Service can be contacted on the following Telephone Numbers: 01484 221392/ 94 or 01924 324311/324331

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Salah v Munro Willesden County Court April 2009.

This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a 6 month fixed term. Ms Sapplied for HB which was granted but did not cover the full rent, even after appeal. The landlord, Mr. Munro had a no HB policy, which he decided to enforce in a forthright and utterly unlawful manner. First he told Ms Sto leave. Then, in May 08 his brother and girlfriend went to the propertyand demanded that she leave and return the key. Ms S refused, then wentout, taking her key. On her return she found the locks changed and some ofher belongings in bags in the street. Some items were missing. She spent a night in hospital after an asthma attack then sofa surfed until being re-admitted 10 days later following a court order. Mr. M continued to harass Ms S — missing furniture was not replacedand he accused her of being a prostitute. After the 6 month term, Mr. Mdisabled the gas and electricity supply to the room, so Ms S had to stay at a friends home for a month. The electric was reconnected only once the landlord was notified that Ms S had been granted funding for acommittal application. Ms S only stayed intermittently at the property afterthat. In January 09 Mr. M saw Ms S at the property. He called the police who, helpfully, confiscated her keys. At trial the court awarded:Unlawful eviction — general damages of £8600. The usual range was£100 to £300 per night. Here £200 was appropriate, for 43 nights.Aggravated damages — £2000,Exemplary damages — £2000,Special damages (in the absence of receipts) — £1000, Arrears of rent of £750 deducted from the damages — not including the excluded period and with rent assessed at 50% for the period without gas.

Nuneaton and Bedworth Council succesful prosecution

A Warwickshire landlord who changed the locks on a rented house while the tenants were out has been fined £600. Thomas Barney who pleaded not guilty, had not given the family a written contract but had given them the keys and had accepted them as his tenants. Following a two-day Court hearing, Rugby Magistrates fined Mr Barney and ordered him to pay £2,000 costs, £400 compensation to his former tenants plus a £15 victim surcharge. The prosecution was brought by Nuneaton and Bedworth Council who said that Mr Barney had tarnished the reputation of good landlords in the area.

Compensation/Damages claim

A Birmingham landlord has been ordered by Birmingham County Court to pay a total of £34.403.66 in compensation to his former tenant. The tenant told the Court that he and his family had suffered harassment by his landlord during 2002. The landlord had previously been bound over to keep the peace by Birmingham Crown Court following a criminal prosecution brought under the Protection From Eviction Act 1977 by Birmingham City Council's Private Tenancy Unit in 2004. Tenants who allege they are experiencing harassment from their landlord or who have been unlawfully evicted can take civil proceedings to ask the court to award compensation for losses suffered, including any distress and discomfort caused. Harassment and unlawful eviction are also criminal offences under the Protection from Eviction Act 1977, which is enforceable by the local authority.

Another Birmingham landlord has been ordered by Birmingham County Court to pay compensation to his former tenants after he unlawfully evicted them and their young daughter whilst they were away on holiday. The tenants returned to find that the locks had been changed and a new tenant living in the house. The tenants complained to the Private Tenancy Unit who brought a prosecution under the Protection from Eviction Act 1977 in November 2007. At the trial the landlord pleaded guilty and was fined £1000 and ordered to pay costs of £1250. The tenants then brought an action in the County Court for compensation and the Court awarded a total of £9,956.52 compensation.

Successful prosecution brought by Brent Council

This prosecution involved several residential occupiers who moved into a house share at different times during 2006. The first occupier, EO had a verbal agreement with the non resident landlord. However a dispute arose when the defendant did not carry certain repairs that were verbally agreed with EO. EO who suffers from an illness moved his cousin into a room share to help when his illness came on. Another occupant later moved into another room and he was given a written tenancy agreement. Relations between the defendant and EO continued to break down over the lack of repairs and the defendant gave EO a verbal notice to leave. EO began to look for alternative housing, delayed to pay rent, putting down a holding fee for another home. The defendant allegedly visited the house on 9/12/06, attempted to remove EO's possessions and pushed him. The police were called and policeman attended to prevent a further breach of the peace. However, on the 14/12/06 the defendant allegedly went to the house, threatened to "do" the other tenant after he said he did not have a key to his room. Later the occupants discovered that the backdoor key was removed and the gas and electricity supply was switched off. Then on the 16/12/06 the front door locks were changed while the occupants were out. The defendant refused to give a new key to the room sharers but gave one to the other tenant. On the 18/12/06 the room sharers discovered most of their possessions were put outside by the defendant. He denied giving a tenancy to EO and said he could do as he liked as it was his house. The defendant admitted changing the locks in general conversation and during the PACE interview, but denied the allegation of harassment. Brent Council brought prosecution proceedings in the Magistrates' Court, where the defendant pleaded guilty to the offence of unlawful eviction but not guilty to the offence of harassment. He elected to a trial at Harrow Crown Court, where he entered the same pleas. The Court accepted the guilty plea for unlawful eviction and ordered that the count of harassment remain on file. The defendant was sentenced to a 12 months community order with 140 hours of unpaid work and ordered to pay costs of £2,500. Earlier, the victims brought their own civil proceedings in county court, where the defendant was ordered to pay £30,000 damages and costs in excess of £22,000.

Jail sentence for landlord

A Sandwell councillor today warned that the council would take a tough line on private landlords who "flagrantly disregard" the law after a Tipton landlord was jailed for 10 weeks for an illegal eviction.

Councillor Mahboob Hussain, Sandwell Council's cabinet member for Neighbourhoods and Housing, said the council sought to work in partnership with private landlords and support and advise them to be good landlords.

"This prosecution demonstrates our commitment to ensuring that landlords who flagrantly disregard the law will be dealt with accordingly," he said.

Mr Geoffrey Dillon, of Burnt Tree, Tipton, appeared at West Bromwich Magistrates Court on July 4 charged with unlawfully depriving his tenants of their occupation of the premises by the act of changing the locks of the property under Section 1(2) of the Protection from Eviction Act 1977.

Sandwell Council claims that in January last year Mr Dillon entered a property where he was landlord in William Kerr Road, Dudley Port. This was while his tenants were out shopping and he changed the locks. This meant the tenants were unable to re-enter the property on their return.

The council alleges that Mr Dillon would not allow the tenants to retrieve their belongings on the basis that he was owed rent from them and that, as there was no written tenancy agreement, he could act as he pleased.

The tenants had contacted the council, which tried to resolve the matter with Mr Dillon.

The council says Mr Dillon was uncooperative and that council officials therefore had to force entry to the property to enable the tenants to access their belongings, some of which - including a passport, camcorder and the keys to a car parked outside the property - had gone. The car subsequently went missing and as yet has not been traced, nor were any of the belongings returned.

Mr Dillon, who had denied the charge, was found guilty of the offence and sentenced to 10 weeks' imprisonment. He was also ordered to pay the sum of £4,400.00 in compensation.

After he indicated at court his refusal to pay the compensation, he was sentenced to a further three month period of imprisonment.

Landlords and tenants alike can contact the Housing Options service on 0121 569 2666 / 2679 / 5285 for advice on letting their property. They can also contact the council's Private Sector Housing team on 0121 569 5232 for advice about joining the Midland Landlord Accreditation Scheme and property standards.

Community Service Order following tenant harassment by Birmingham landlord

A private landlord found guilty of harassing his tenant has been sentenced to 150 hours of community service at Birmingham Magistrates Court on 10 June 2008 and was ordered to pay £1,000 in compensation and prosecution costs of £5,081, following action by Birmingham City Council’s Private Tenancy Unit

Baljit Kumar (35) of Forge Lane, Little Aston the landlord of a property in Robert Road, Handsworth, was found guilty at Birmingham Magistrates Court on 2 June under the Protection from Eviction Act 1977 of harassing his tenant with the intent to force her to give up her tenancy.

The tenant took up her tenancy in Robert Road on 1 January 2007 and found that there were a number of items of disrepair in the flat including damp, mice infestation and a leak from the flat above. Kumar failed to remedy the disrepair and on 30 January 2007 the tenant reported the matter to the Council’s Private Tenancy Unit. The Council wrote to Kumar asking him to remedy the items of disrepair within 28 days.

It was alleged that Kumar then made a series of abusive telephone calls to the tenant and made it clear that he wanted her to leave the flat. The tenant decided that she had to leave her home because she was worried for her safety.

Councillor John Lines, Cabinet Member for Housing said: "This prosecution sends a clear message to landlords that they must not harass their tenants and must follow the correct legal procedures if they wish to evict a tenant. The city council seeks to work in partnership with landlords to provide decent and safe accommodation, but landlords who disregard the law as in this case will be prosecuted. Landlords who accept their responsibilities have nothing to fear from the Council."

The Private Tenancy Unit can assist tenants who are threatened with eviction or who are being harassed by their landlord. Their aim is to help resolve disputes between tenants and their landlords so that the tenancy can be maintained which will prevent homelessness.

Tenants and landlords can call the council for advice on all aspects of renting in the private rented sector. The Private Tenancy Unit can be contacted on 0121 303 5070.

Northamptonshire landlord who harassed his tenant has been convicted for illegally evicting two young women

Faye Hemmings and Carly North were sent packing from their home at Irthlingborough by landlord David Middleton in January 2006, six months after they took up the tenancy.

Ms North later complained she had been hospitalised by carbon monoxide poisoning while living at the property. It transpired that the residence did not have the required gas certificate at the time.

Mr Middleton had offered the property to a disabled older person while the two women were still resident.

However, a short while after they had moved out, the new tenant informed Mr Middleton that she would be leaving within a month to live in an adapted home. Then he started a campaign of harassment and threatening behaviour against her.

The case was taken up by East Northamptonshire Council. Darren Hale, environmental protection manager, led the lengthy council investigation. He said: "In giving his reasons for his actions, Mr Middleton claimed that he didnt fully understand the law. In reality he was an experienced landlord".

Mr Middleton was arrested on charges of illegal eviction and harassment. He pleaded guilty at Wellingborough magistrates court this month to one charge of illegal eviction and asked that the offence of harassing a disabled elderly tenant be taken into account.

Magistrates said there were no aggravating or mitigating circumstances to account for Mr Middletons behaviour. He was given unconditional bail and will be sentenced next month.

Ms Hemmings and Ms North found alternative accommodation after the eviction.

Mr Hale said: "The two tenants were inexperienced. Mr Middleton used to turn up uninvited in the morning to collect his post from their address.

"East Northamptonshire Council frowns on unscrupulous landlords that take advantage of vulnerable tenants".

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