{"id":439,"date":"2010-12-20T09:18:45","date_gmt":"2010-12-20T09:18:45","guid":{"rendered":"http:\/\/blog.legal4landlords.com\/?p=439"},"modified":"2010-12-20T09:18:45","modified_gmt":"2010-12-20T09:18:45","slug":"illegal-evictions-landlords-are-warned","status":"publish","type":"post","link":"https:\/\/dev.withcreative.co.uk\/lforl\/illegal-evictions-landlords-are-warned\/","title":{"rendered":"Illegal Evictions? Landlords are Warned"},"content":{"rendered":"

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By: Madalena Penny<\/p>\n

Landlords attempting to evict tenants without adhering to necessary procedures risk prosecution from the courts warned Sim Sekhon of the legal company \u2018Legal 4 Landlords\u2019<\/a>.<\/p>\n

Urging landlords not take matters into their own hands, Mr. Sekhon warns that landlords who deliberately, illegally evict tenants face serious penalties, which could result in a custodial sentence.<\/p>\n

\u201cLandlords acting alone and without the services of a letting agent should be cautious.\u00a0 Regardless of rent arrears, damage, abuse or criminal activity suspected or caused by tenants, it is important landlords adhere to procedures as laid out by the Housing Act (1988) and the Protection from Eviction Act (1977).\u201d<\/p>\n

Custodial Sentences<\/span><\/span><\/h2>\n

In October this year, landlord Kenston McIntosh was arrested at Gatwick Airport after refusing to appear at a hearing regarding circumstances surrounding the eviction of his tenant.\u00a0 Mr. McIntosh was sentenced to 3 months imprisonment at Oxford Crown Court after being found guilty of illegally evicting his tenant, forcing him to sleep in an abandoned car for 3 nights.<\/p>\n

The court found that McIntosh had refused to co-operate with his tenants housing benefit office in confirming the tenancy leaving the tenant\u2019s claim suspended until Mr. McIntosh\u2019s confirmation, which resulted in rent arrears<\/a> accruing.<\/p>\n

Last year, landlord Geoffrey Dillon was sentenced to a 22-week prison term after unlawfully entering a property and changing the locks while his tenants where out shopping.\u00a0 Denying the family access to collect their belongings in lieu of the unpaid rent, it was subsequently found that a camcorder, their car and a passport were among some of the items missing from the family home.<\/p>\n

Under the \u2018Protection of Eviction Act (1977)\u2019 and the \u2018Housing Act (1988)\u2019, a Notice 8 must be issued to any tenant owing 8+ weeks rent and a Notice 21<\/a> to tenants who\u2019s tenancy has reached its term (usually a 6 months AST).\u00a0 These notices inform the tenant that the landlord is applying to the court for an eviction hearing date.<\/p>\n

Harassment Legislation<\/span><\/span><\/h2>\n

Landlords can also find themselves fall foul of the law due to harassment laws that prevents tenants from living safely and peacefully in their home.<\/p>\n

Obviously, some actions are clearly an act of constructive eviction and tantamount to criminal pursuit, such as:<\/p>\n