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.

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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