10 Oct 2022

Formal Cautions given to two landlords after illegal evictions

A council has issued formal cautions to two local landlords who illegally evicted their tenants.

Both landlords gave their tenants incorrect paperwork instructing them to leave their homes which the tenants believed was correct and therefore proceeded to leave. 

However, in both cases the tenants contacted housing enforcement after presenting themselves as homeless. Neither landlord reinstated the tenant when invited to do so.

Coventry council issued the cautions and is now reminding all landlords that in order to legally evict tenants they must serve a valid notice to quit and then use this to obtain a possession order at court – anything other than this is likely to constitute a criminal offence.

Formal Cautions may be offered to perpetrators who admit wrongdoing at an early stage and accept responsibility for their offences.  They can only be offered where there is the required amount of evidence to realistically gain a prosecution. Landlords can also face a prosecution in court where appropriate.

The Formal Caution may prevent the landlords from obtaining various licenses in Coventry, including the ability to manage HMOs: the tenants also have the option of now bringing a civil action.

A council spokesperson says: “Tenants have legal rights, the right to stay in their home until an official eviction process is completed, we will not stand for landlords trying to force tenants out of their homes.”

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