Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Friday, 23 December 2011

Eviction Without Court Order is a Criminal Offence

Private landlords should take care not to commit harassment and force the tenant to leave the property without a court order. The harassment of a tenant intending them to leave the property is a criminal offence as well as a tort (civil wrong).

In a recent case the tenant lost her job as a cafe worker and applied for housing benefit. There was a delay in getting the money from the council. The landlord started sending the tenant text messages on a regular basis demanding rent. Although none of these texts contained obscene language, the court’s finding was sending text demanding rent on a daily basis amounted to harassment.

Although the council warned the landlord not to take any action until the tenancy had been formally surrendered, the landlord ignored the council’s advice and changed the locks.

The landlord finally pleaded guilty to one offence contrary to the Protection from Eviction Act 1977 and the District Judge Anthony Browne ordered the landlord to pay £250 fine plus £15 victim surcharge plus £425 in legal costs and in his judgment he stated: “Sending texts on a daily basis demanding rent would unsettle anyone. In the face of advice from the council, which was to do nothing, you took the thing back into your own control, which was unacceptable.”

Alireza Nurbakhsh Ph.D (Solicitor) t: : 0845 270 2511

Labels: Criminal Offence, Eviction, harassment, landlord, Rent Arrears., tenant