In a desire to crackdown on rogue landlords, councils have powers to protect tenants from illegal eviction. One landlord from Clacton-on-Sea was spared jail after being convicted in early November. Lisa Bottone pleaded guilty to breaching the Protection from Eviction Act 1977. The judge imposed a 12-month community service order but spared a custodial sentence.
Refusal of Entry
The victim, a Regina Dewar, signed a 12-month tenancy agreement with Lisa Bottone on 13th September 2016. It was arranged that the local council pay rent on her behalf, including the deposit. One week after signing of the agreement, Ms Bottone told Miss Dewar that she was no longer allowed to move into the property. Miss Dewar contacted the council who informed her that even though she had not moved in, Ms Bottone would have to seek eviction through the courts.
Miss Dewar attempted to move in on the agreed date of 22nd September but Ms Bottone would not let her in even though two council officials arrived at the scene to explain that this was against the law. The council officers then enforced a landlord’s breach of the Protection from Eviction Act 1977.
What is the Protection from Eviction Act 1977?
The law protects tenants from unscrupulous landlords including the following provisions:
- Unlawful eviction and harassment of the tenant occupier including unlawful deprivation of access to certain parts of the property, and behaviour that could cause them to feel they have no choice but to leave
- Restriction of entry or re-entry without the proper legal procedure, for example, having not served a proper eviction notice
- The landlord must serve the proper notice to vacate including a period of four weeks before proceeding with the eviction notice
- The right for any authorised body (councils) to pursue criminal proceedings against any landlord who breaks the provisions
For the first point, there are many things that could be classed as harassment. Typically, it is any action likely to interfere with the tenant’s well-being, or peace and comfort of living in the property. This would include bullying, unnecessary withdrawal of vital services. The tenant must not necessarily prove harassment, but need only demonstrate reasonable cause to believe intention to harass.
The Correct Procedure for Eviction
Hopefully, you need never pursue an eviction against your student tenants. In most cases, the relationship between landlord and tenant is a reasonable one. However, sometimes it does come to eviction. If the landlord requires a tenant to leave at the end of a fixed term tenancy, you require a Section 21 notice. If, during the run of a tenancy, a tenant has in any way broken the terms of the agreement, you must serve a Section 8 notice. If they refuse to leave, you must apply to the courts and begin the legal process.