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    • cullet
    • By cullet 16th Jun 17, 12:58 PM
    • 80Posts
    • 219Thanks
    cullet
    Comet Newspaper reports - Landlord fined 8000
    • #1
    • 16th Jun 17, 12:58 PM
    Comet Newspaper reports - Landlord fined 8000 16th Jun 17 at 12:58 PM
    Leslie Laird fitted new locks and completely emptied the flat part of the property where he lives in Pirton Road, Holwell, near Hitchin after tenant Lee Girdlestone challenged the terms of an eviction notice he received in November 2014.

    The 73-year-old landlord pleaded not guilty to illegally evicting Mr Girdlestone under the Protection from Eviction Act 1977 but was found guilty following a three-day trial at Cambridge Crown Court last week.

    Judge Stuart Bridge ordered him to pay 3,000 compensation to Mr Girdlestone, 47, as well as a 5,000 contribution towards North Hertfordshire District Councils prosecution costs making a total bill of 8,000.

    The case was brought against Mr Laird by the district council, which was making a prosecution of this sort for the first time.

    The court heard that Mr Girdlestone, who entered an assured shorthold tenancy arrangement for the flat in January 2013, fell behind on the rent and was served with notice to vacate the property on November 10, 2014.

    After seeking advice from the district council, he told Mr Laird that the notice was invalid as it did not give him the full legal period of time to vacate the flat.

    Following a heated argument, Mr Girdlestone returned to the flat on November 26 that year to find the locks changed and his belongings removed, to be collected at a later date.

    Mr Laird subsequently had this case brought against him by the district council.

    Councillor Bernard Lovewell, who is responsibile for housing, said afterwards: This is a landmark case for us, and we are pleased with the outcome.

    A private landlord must follow rules for a tenant to be lawfully evicted, which includes giving them a two-month notice period.

    It is a criminal offence to evict a tenant without following the legal steps, and we will seek to prosecute any landlord who illegally takes matters into their own hands.

    We hope this prosecution serves as a deterrent to other landlords.
Page 1
    • Guest101
    • By Guest101 16th Jun 17, 1:12 PM
    • 15,118 Posts
    • 14,764 Thanks
    Guest101
    • #2
    • 16th Jun 17, 1:12 PM
    • #2
    • 16th Jun 17, 1:12 PM
    Sounds like he would've got more via a civil route to be honest - but good on them
    • csgohan4
    • By csgohan4 16th Jun 17, 1:15 PM
    • 3,962 Posts
    • 2,470 Thanks
    csgohan4
    • #3
    • 16th Jun 17, 1:15 PM
    • #3
    • 16th Jun 17, 1:15 PM
    both a nightmare tenant and slum land lord
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • cjdavies
    • By cjdavies 16th Jun 17, 2:01 PM
    • 2,792 Posts
    • 2,795 Thanks
    cjdavies
    • #4
    • 16th Jun 17, 2:01 PM
    • #4
    • 16th Jun 17, 2:01 PM
    Let this is be a lesson to landlords, if the tenent messes up you still have to follow rules.
    Last edited by cjdavies; 16-06-2017 at 4:09 PM.
    • gycraig
    • By gycraig 16th Jun 17, 3:04 PM
    • 405 Posts
    • 289 Thanks
    gycraig
    • #5
    • 16th Jun 17, 3:04 PM
    • #5
    • 16th Jun 17, 3:04 PM
    Considering all the costs involved in a proper eviction and the costs they can run up to 8k seems quite cheap to remove a nightmare tenant really
    • Guest101
    • By Guest101 16th Jun 17, 3:19 PM
    • 15,118 Posts
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    Guest101
    • #6
    • 16th Jun 17, 3:19 PM
    • #6
    • 16th Jun 17, 3:19 PM
    Considering all the costs involved in a proper eviction and the costs they can run up to 8k seems quite cheap to remove a nightmare tenant really
    Originally posted by gycraig


    Typical eviction is 500(ish)
    • csgohan4
    • By csgohan4 16th Jun 17, 3:22 PM
    • 3,962 Posts
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    csgohan4
    • #7
    • 16th Jun 17, 3:22 PM
    • #7
    • 16th Jun 17, 3:22 PM
    Typical eviction is 500(ish)
    Originally posted by Guest101
    Is that it? does that include bailiffs?
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • aneary
    • By aneary 16th Jun 17, 3:23 PM
    • 751 Posts
    • 631 Thanks
    aneary
    • #8
    • 16th Jun 17, 3:23 PM
    • #8
    • 16th Jun 17, 3:23 PM
    Is that it? does that include bailiffs?
    Originally posted by csgohan4
    And lost rent?
    • G_M
    • By G_M 16th Jun 17, 3:42 PM
    • 41,969 Posts
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    G_M
    • #9
    • 16th Jun 17, 3:42 PM
    • #9
    • 16th Jun 17, 3:42 PM
    And lost rent?
    Originally posted by aneary
    OP does not give a link to the article but I suspect the LL in this case did not get his rent back either. As it was a criminal court, he would not have been able to counter-claim but would have had to claim it by a seperate, civil, action.
    • gycraig
    • By gycraig 16th Jun 17, 3:49 PM
    • 405 Posts
    • 289 Thanks
    gycraig
    Average is 500 quid ? Yer after about 6 months to a year of the tenant paying Naf all rent and potentially ruining the place.

    For a lot of landlords it's probably cheaper to do an illegal eviction
    • aneary
    • By aneary 16th Jun 17, 3:55 PM
    • 751 Posts
    • 631 Thanks
    aneary
    OP does not give a link to the article but I suspect the LL in this case did not get his rent back either. As it was a criminal court, he would not have been able to counter-claim but would have had to claim it by a seperate, civil, action.
    Originally posted by G_M
    I meant that I assume after illegally evicting the tenant he probably rented the flat out to a paying tenant.
    • Guest101
    • By Guest101 16th Jun 17, 4:03 PM
    • 15,118 Posts
    • 14,764 Thanks
    Guest101
    Average is 500 quid ? Yer after about 6 months to a year of the tenant paying Naf all rent and potentially ruining the place.

    For a lot of landlords it's probably cheaper to do an illegal eviction
    Originally posted by gycraig


    Average judgment in civil courts is 150-250 per day for illegal eviction. In this case that would be approx 10,000 paid directly to the tenant by the LL, not including property damage, or punitive payments and costs. - That's on top of the criminal court.


    Not to mention it's also a criminal conviction which in some places means you cant be landlord anymore.
    • AdrianC
    • By AdrianC 16th Jun 17, 4:26 PM
    • 15,483 Posts
    • 13,800 Thanks
    AdrianC
    OP does not give a link to the article
    Originally posted by G_M
    http://www.thecomet.net/news/jury-convicts-landlord-of-illegally-evicting-tenant-who-owed-rent-1-5064852
    • FBaby
    • By FBaby 16th Jun 17, 5:52 PM
    • 16,088 Posts
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    FBaby
    Was the 3,000 after the owed rent was deducted?
    • agrinnall
    • By agrinnall 16th Jun 17, 6:48 PM
    • 18,544 Posts
    • 14,273 Thanks
    agrinnall
    Was the 3,000 after the owed rent was deducted?
    Originally posted by FBaby
    G_M's post #9 suggest that it's likely that recovery of unpaid rent would have to be done through a separate civil case.
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