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Thanks to everyone who replied
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Comments
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Thats true and he'll might get sued penny he has, might teach him a thing about being a landlord
Bad, bad landlord should not be a landlord.
This is unlawful eviction and is not taken lightly by the courts.0 -
I'm afraid your brother may have committed a criminal offence. The maximum penalty I believe is a hefty fine, a criminal record and possibly up to six months in jail.0
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It looks like your brother has carried out an unlawful eviction which can carry up to 6 months in prison and a £5,000 fine, plus any damages the tenant gets if he sues your brother.
The only way your brother could have gained possession in this situation is through the courts by issuing a Sec. 8 (I think) notice for 2 months unpaid rent. If your brother did this he would have more than likely have been granted possession by the courts.
It may be a good idea to post this on the landlordzone.co.uk forums to see what they say. If your brother wants to avoid the punishments for illegal eviction he may have a lot of grovelling to do.0 -
It's an offense under the Protection from Eviction Act. And yes, he could end up in prison for it.
What he did is a serious criminal offense.0 -
You can't evict someone without a court order and the proper notice0
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Take a look here for the potential consequences of your brother's actions
http://nearlylegal.co.uk/blog/category/housing-law-all/unlawful-eviction-and-harassment/0 -
I'd tell your brother to start grovelling immediately, as if the tenant takes action (as they are quite rightfully entitled to), then he could be in BIG trouble.
For future reference, he can issue an Section 8 eviction form when 2 months rent are outstanding. I suggest he reads this:
http://www.landlordzone.co.uk/section-8-notice.htm
Your brother also might want to join the landlordzone, and learn how to become a proper landlord.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Your brother has broken the law, has no idea how to act as a landlord, and deserves whatever punishment he gets.
It is not acceptable either legally or morally to go into someone else's home (yes, it is the tenants home), without permission, move their possessions out (theft?) and lock them out!0 -
I take it he didn't like what he heard.
For latecomers, his brother, not being happy with his tenant being 2 months behind on rent, entered the tenant's property, changed the locks and removed the tenant's belongings.0 -
tut tut
(not long enough to post!!!):jProud mummy to a beautiful baby girl born 22/12/11 :j0
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