September 9th, 2009
Occasionally possession actions are challenged on the grounds that the rent arrears on which the claim is based are not lawfully due. The contention being that the landlord has failed to provide the tenant with an address in England and Wales where notices can be served.
Section 48 of the Landlord and Tenant Act 1987 requires the landlord to provide to the tenant an address in England and Wales where notices may be served upon the landlord. This address can be the name and address of an authorised managing agent where applicable.
Where no such notice has been served, rent and / or service charge payments are not legally due until such time as the notice has been served.
A section 48 notice can be included within the tenancy agreement and this is the easiest way to ensure that all tenants receive the notice. Where the notice has not been served, you should serve a notice under section 48 and the tenant will become liable for the rent.
Tags: landlord, notices, possession actions, rent, tenant
Posted in Section 48 notices | No Comments »
August 21st, 2009
This is the second of our two featured cases of Unlawful Eviction
Kirklees Council v Susan Lowe Bradford Crown Court May 2009
Mrs Lowe, the landlord waited while the tenant and her partner were away for the weekend during July 2007. She removed the tenant’s belongings from the property leaving them outside in the rain and changed the locks.
The landlord refused to cooperate with council officers when they contacted her and did not comply with a County Court Injunction requiring her to reinstate the tenant.
In May 2009 Mrs Lowe pleaded not guilty to charges relating to an unlawful eviction. She was found guilty of the offence under The Protection from Eviction Act 1977 and also of criminal damage to the tenant’s belongings. She was given a two year conditional discharge and ordered to pay costs of £1,500
Tags: landlord, Unlawful Eviction
Posted in Unlawful Eviction | No Comments »
August 19th, 2009
Here is the first of our featured Unlawful Eviction cases
Salah v Munro Willesden County Court April 2009
Ms Salah signed an assured shorthold tenancy agreement (AST) for a room for a period of 6 months. The tenant applied for housing benefit which was granted, but only for part of the rent. Mr Munro, the landlord had a ‘no housing benefit’ policy – and decided to enforce it.
He told Ms Salah to leave. Subsequently, in May 2008 Mr Munro’s brother and girlfriend visited the property and again demanded that the tenant leave and return the key. Ms Salah refused to comply and went out, taking the key with her. On her return to the property Ms Salah found that the locks had been changed and some of her property was in bags in the street and other items were missing. She spent a night in hospital following an asthma attack, then stayed with various different people until being re-admitted to the property ten days late following a court order.
Missing furniture was not replaced and Mr Munro accused Ms Salah of being a prostitute. After the 6 month term had expired, Mr Munro disconnected the gas and electricity supply to the room. Following this Ms Salah stayed at a friend’s house for a month.
Mr Munro re-connected the electricity supply once he was notified this Ms Salah had been granted funding for a committal hearing. Ms Salah only stayed occasionally at the property after this time. In January 2009 Mr Munro saw Ms Salah at the property and called the police. The police confiscated Ms Salah’s keys!
Willesden County Court awarded the following:
Unlawful eviction - £8600 – calculated at £200 per night for 43 nights
Aggravated damages - £2000
Exemplary damages - £2000
Special damages - £1000
Total - £13600
The tenants rent arrears of £750 were deducted from the damages, not including the period when Ms Salah was excluded from the property. The court assessed the rent at 50% for the period without gas.
Posted in Unlawful Eviction | No Comments »
August 18th, 2009
It can be very frustrating to a landlord to discover that his or her tenant doesn’t have the means or perhaps the intentions to fulfil the obligations of the tenancy agreement. This may be the tenant building up substantial rent arrears or allowing the standard of the property to fall into decline through neglect and a general lack of care.
Very often, as landlords when we tell our tales of tenant woe to our friends and family, we hear responses such as, “can’t you just boot them out if they’re not paying?” and “why don’t you just wait until they’re not in and go round and change the locks?” While such friends and family may have only the best intentions at heart, a landlord who was to follow these friendly words of advice to the letter would, more than likely find himself with a claim for unlawful eviction adding to his stresses and frustrations.
To follow are two such cases from earlier this year. These are intended to be read purely for interest in order to show how a court responds to and handles unlawful eviction claims.
Tags: landlord, Unlawful Eviction
Posted in Unlawful Eviction | No Comments »
May 26th, 2009
You may be forgiven for thinking that as a landlord/landowner that if squatters turn up on your land that there will be endless options available to you for the their removal. The reality is rather different. Below are some of the commonly perceived options and the truth behind them.
- Police - Generally not all that interested seeing the problem for what it is a civil matter and not a criminal matter. That said give them a call and see if they will lend a hand.
- Right of self help (evicting using ‘reasonable’ force) - Generally not recommended as owners may use too much force and find themselves being arrested, use too little and find themselves being removed themselves from their property. To add insult to injury the owner may face a claim for damages from the squatters!
- Interim possession orders - Sounds like a great idea, but here is the rub…they are more complicated, in the majority of cases slower, on the whole certainly less effective than the standard order for possession detailed below at paragraph 4.
- Order for possession - Relatively quick, the court hearing generally taking place within a few days after proceedings have been issued. It is difficult to frustrate a claim by the landlord for possession and those squatters who try often find themselves on the losing side of a court order. It is crucial that the process is strictly followed, the paper work is almost invariably on the large side so it is important to get it right from the outset. To avoid disappointment advice should always be taken from a qualified solicitor who specialises in this area of the law. To take advice from any other source would be folly and potentially a lot more costly than the advice in the first place!
The recipe for a quiet summer is to take the necessary steps to avoid falling victim to the squatters and if they do arrive to act quickly and within the law to minimise disruption, damage and cost.
Posted in Squatters and Trespassers | No Comments »
March 30th, 2009
Having already discussed how to keep squatters at bay, it is important to know what to do if they do manage to get onto your land or into your property.
- Ask the police to move them on. Whilst this may not prove successful it will put the squatters on notice that you are aware of their presence and that you are serious about removing them.
- Never provide monetary or other incentives to the squatters. Our experience tells us that this only encourages them to holdout for more. What is more, if they do leave leave then do not be surprised if other squatters turn up asking for more.
- Try to ascertain names of individuals or car registration numbers. This may well protect you later should the squatters return
- In the days after eviction closely monitor the property/land to ensure that the squatters do not return.
Tags: Add new tag, squatters
Posted in Squatters and Trespassers | No Comments »
March 19th, 2009
Traditionally summertime sees a sharp rise in the number of squatters trespassing on land, particularly empty properties, car parks and open land. It important for landlords to be able to minimise their vulnerabilty to squatters and secure a quick eviction.
‘Prevention is better than cure’. How to keep squatters out.
- Where possible do not erect To Let/For Sale signs (this is an open invitation to squatters);
- Do erect signs saying ‘Private Property’;
- Do inspect your land/property/site regularly and ensure any activity is reported and noted
- Do be vigilant, especially to local squatter activity. Some squatters are extremely organisied and pass imformation between themselves as to what land is currently vacant.
- Do consider security measures. It is not unusual for squatters to be evicted only to return immediately back to the same site.
- Do make the property unattractive from the outset (eg, turn off the utilities when the site is not in use)
For further information on evicting squatters see our website www.landlordrecoveries.co.uk for more details.
See our article ‘what to do once squatters arrive’.
Tags: squatters
Posted in Squatters and Trespassers | No Comments »
March 17th, 2009
Section 21 of the Housing Act provides landlords of tenants who occupy residential property (pursuant to an assured shorthold tenancy) with an absolute right to possession. There are however certain formalities which must be observed if a landlord is to be successful in obtaining possession using a section 21 notice. There is no prescribed form therefore careful consideration must be given to the content of the section 21 notice if it is be relied upon by the landlord when seeking possession. To complicate matters even further there are two different types of section 21 notice. Firstly there is notice which is referred to in section 21(1) and the the second as referred to in section 21(4). It is imperative that your section 21 notices are correct. Making an error in either of these notices might mean the difference between being successful in obtaining the possession of your property and failing to do so.
Tags: Section 21
Posted in Section 21 | No Comments »
