whats the worst that would happen if

Willsnarf1983

i'm thinking about micky melons situation where the tenant isn't paying any money so what would be the worst and realistically what is likely to happen if they just went round to the house when they weren't there and turfed all the stuff out and changed the locks?

Also if their not paying can you not just get the electricity shut down and try and make the house as uninhabitable as possible..though i'm guessing prob not

Will

Old_Git

Willsnarf1983 wrote: »

i'm thinking about micky melons situation where the tenant isn't paying any money so what would be the worst and realistically what is likely to happen if they just went round to the house when they weren't there and turfed all the stuff out and changed the locks?

Also if their not paying can you not just get the electricity shut down and try and make the house as uninhabitable as possible..though i'm guessing prob not

Will

you cant turn off the electric ,or water .Certain councils and landlords used to use this tactic ,its now illegal.

house184

Have a look at

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=protection+from+eviction+act+&Year=1977&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1499483&ActiveTextDocId=1499486&filesize=55722

In reality it all depends on how far the (ex)tenant wants to take it. The following is taken from Nearly Legal's housing blog when he quotes some cases reported in LAG. They might be helpful in answering your question.

Addison v Croft Preston County Court April 2008
Assured Shorthold tenant. Landlady turned up with estate agent and buyer with no notice. A fortnight later, the tenant was physically ejected by four men, with some bruising. The tenant was out, sleeping at friends and in his van for 20 nights, before obtaining an injunction for re-entry, which was complied with.

• General damages £3000 for fright and upset, and 20 days out of home without possessions. Aggravated damages £1000 for manner of eviction
• Exemplary damages £1000, following Law Commission guidance in Aggravated, exemplary and restitutionary damages (LC 247)

Rubio-Manzano v Ace Lettings and Pedonomou Clerkenwell and Shoreditch County Court April 2008
Assured Shorthold tenant who threatened to withhold rent due to disrepair (of which more below). Three men turned up and forced their way into the flat, threatened the tenant, pulled the telephone out of the socket. One caused injury to another tenant by kicking the door. Defendants then delivered a letter stating that the bearer was a certificated bailiff with powers to enter and seize goods. The tenant left to stay with a friend and put most of her belongings in storage. A couple of weeks later she returned to find locks changed and belongings interfered with. Police and tenancy relations advised the tenant to break in to remove her goods. The property was then left.
In criminal proceedings, the company pleaded guilty to two counts of harassment under the Protection from Eviction Act 1977.

• Fines £2000 and £200 for the two incidents. (The Court said if the company directors had been individually charged, there would have been a likely custodial sentence).

In Civil proceedings

• <LI style="POSITION: relative">General damages £6000 for harassment and aggravated damages <LI style="POSITION: relative">Exemplary damages £2000
• Special damages £840.40

Willsnarf1983

thanks house, quite informative but doesn't show whether the tenant was behind in rent or what not

Will

house184

I believe it doesn't matter what the level of arrears are as to whether you are committing a criminal offence or not. The tenant is still a tenant regardless of the level of arrears, that's what grounds 8, 10 and 11 are for.

I'm guessing the behaviour of the tenant could mitigate the damages but I don't know for certain.

Willsnarf1983

its crap how its for the tenants, why isn't there a law or something that says if no rent is paid for 3 months on the trot they can be thrown out with say 7 days notice?

Will

house184

I don't think any Law would ever perfectly balance the interests of the Landlord and Tenant when there are some landlords and tenants who will seek to abuse their position.

tbs624

Willsnarf1983 wrote: »

i'm thinking about micky melons situation where the tenant isn't paying any money so what would be the worst and realistically what is likely to happen if they just went round to the house when they weren't there and turfed all the stuff out and changed the locks?

Also if their not paying can you not just get the electricity shut down and try and make the house as uninhabitable as possible..though i'm guessing prob not

Will

So come on Will - are you a LL with a problem tenant or are you a problem tenant who wants to know how far he can go before the LL can do anything about it?

No LL should ever consider changing the locks on a tenanted property without getting qualified legal advice first.

Section 1 (3A) of the Protection from Eviction Act 1977 states that:
`it is an offence for a landlord to commit acts likely to interfere with the peace and comfort of a residential occupier, or to withhold services required for the occupation of the premises, if he knows or has reasonable cause to believe that such conduct is likely to cause the residential occupier to give up occupation of the premises'.
It's pretty clear that interfering with utility supplies etc comes under that heading.

If you have a tenant in arrears, follow the correct procedures to get them out.

A LL who is convicted of a criminal charge of illegal eviction of a tenant can face a prison sentence of up to 2 years plus a fine of up to £5K.

These following cases don't necessarily involve tenants with rent arrears but give a good indication of what can happen with an illegal eviction charge.

Bear in mind that the tenant may also launch a civil case for damages and that the LL will of course have a resultant criminal record as well as being out of pocket.

If you have a conviction for illegal eviction you are unlikely to be able to let out property in the future, especially when/if LL registration becomes the standard , as in Scotland.

http://www.gravesham.gov.uk/index.cfm?articleid=3118
http://www.coventry.gov.uk/ccm/content/chief-executives-directorate/corporate-policy/communications-team/news-releases-2006/coventry-landlord-guilty-of-illegal-eviction.en;jsessionid=aFWppbuHpUIc
http://archive.thisislancashire.co.uk/2000/7/6/724021.html
http://www.guildford.gov.uk/GuildfordWeb/News/landlordeviction.htm
http://www.birmingham.gov.uk/GenerateContent?CONTENT_ITEM_ID=91143&CONTENT_ITEM_TYPE=9&MENU_ID=276
http://www.landlordzone.co.uk/forums/archive/index.php/t-2470.html

Willsnarf1983

i'm a LL with live in tenants and neither are a problem, but then neither have signed any contracts with me so getting rid of them if required wouldn't be a problem i think...if i'm wrong please let me know so i don't make a mess of things

I was just purely wondering out of interest as i see lots of posts about problem LL and tenants and why people don't just do things like that

thanks

Will

guppy

Willsnarf1983 wrote: »

i'm a LL with live in tenants and neither are a problem, but then neither have signed any contracts with me so getting rid of them if required wouldn't be a problem i think...if i'm wrong please let me know so i don't make a mess of things

I was just purely wondering out of interest as i see lots of posts about problem LL and tenants and why people don't just do things like that

thanks

Will

Just because there is no written contract, doesn't mean that they do not have tenancies.

Fortunately for you, if they live in your house, with you, then they are probably classed as "excluded occupiers" or lodgers.

I suggest that you always get a written contract next time, so everyone knows where they stand. This is more for your protection, than your tenant's.

neverdespairgirl

Willsnarf1983 wrote: »

i'm thinking about micky melons situation where the tenant isn't paying any money so what would be the worst and realistically what is likely to happen if they just went round to the house when they weren't there and turfed all the stuff out and changed the locks?

Also if their not paying can you not just get the electricity shut down and try and make the house as uninhabitable as possible..though i'm guessing prob not

Will

Worst that could happen?

Criminal conviction and time in a nice cell in Pentonville nick
Aggravated damages for unlawful eviction / harrassment
Order for re-entry.