What are the potential consequences of committing an illegal eviction?

The law

Section 1(2) of the Act states: “It is an offence for a person unlawfully to deprive a residential occupier of his accommodation.”

Section 1(3A) of the Act states: “A landlord (or an agent) commits an offence if they persistently withdraw or withhold services reasonably required for the occupation of the premises as a residence.”

Facts of the Wu case

This case involved a landlord of a property she rented to a family. She served notice seeking possession but did not issue a claim. In June 2018, she instructed builders to change the locks and disconnect the water supply. The tenants contacted the local authority (Chelmsford City Council) who contacted the landlord requiring her to provide new keys to the tenant, otherwise she would be committing an offence under the Act.  After some delay, the landlord provided a replacement set of keys to the tenants.

The local authority prosecuted the landlord alleging breaches of the Act for the changing of the locks (under section 1(2)) and the disconnection of the water supply (under section 1(3A)). In her defence, the landlord argued she had forgotten to provide replacement keys. She was found guilty by the jury.

The landlord appealed her verdict to the Court of Appeal (Criminal Division).

The decision

The Court of Appeal dismissed the landlord’s appeal. It held that once the landlord had acted in a way which put or kept the occupier out of physical possession (in this case failing to provide a copy of the replacement keys) an offence was committed under section 1(2) of the Act.

The landlord also sought to defend the alleged breach of section 1(3A) asserting an offence either required more than one act (i.e. not the single act of turning off the water supply) and/or could not be an omission (i.e. not reinstating it). The judges also rejected these arguments and therefore held a single act, or an omission can attract criminal liability.

Comment

This decision is a further important reminder for property guardian providers about the risks associated with carrying out an act or omission that may be construed as an illegal eviction and/or harassment to the property guardians. Examples of illegal evictions include:

• Forcing a guardian to leave by threatening or harassing them
• Physically removing a guardian and/or their belongings
• Stopping a guardian from getting into parts of their home
• Changing the locks and not replacing the keys
• Stopping amenity supplies

All landlords, licensors and letting agents must follow the correct procedures to evict tenants/licensees pursuant to the Act. We previously wrote about Camden Council’s novel and stringent approach in seeking an injunction against a landlord seeking to illegally evict and harass its tenants.

Our highly experienced Property Guardianship team can help you understand your obligations when it comes to the Act to prevent potential criminal liability and risk to your reputation. Please do get in touch.