Legal News

A professional landlord has pleaded guilty to unlawfully evicting a tenant, who was left homeless as a result.

Landlord Mathew Gillson – a Director of Concept Lettings (UK) Ltd – had changed the locks at one of his properties, preventing his tenant accessing the property. This is an offence of unlawful eviction under Section 1(2) of the Protection from Eviction Act 1977.

At a hearing at Wirral Magistrates Court, Gillson was handed a 12-month conditional discharge and was ordered to pay costs of £2,250, plus a victim surcharge of £15.

The court heard that the victim, a young man, had been “extremely upset” by the actions of his landlord – and had been left homeless “at a very vulnerable stage in his life”.

An investigation was undertaken by officers from Wirral Council’s Environmental Health beginning in May 2014, after the victim had reported that he had not been able to access his flat.

Gillson – from Gills Lane in Barnston – said he had believed that his tenant had abandoned the property in New Brighton, which is why he had changed the locks.

However, this action was unlawful because he had not followed due process to end the tenancy. Because of his actions, Gillson now has a criminal conviction.

The council said that the case had been “time consuming and protracted”, as Gillson had denied any wrongdoing until the day of the trial.

After the hearing, Wirral Council’s Cabinet Member for Environment and Sustainability, Councillor Bernie Mooney, said:

“We are absolutely committed to protecting the most vulnerable people in our community and one of our 2020 pledges to ensure everyone has access to good quality housing.

“We are receiving an increasing number of complaints from tenants of private landlords, who are taking matters into their own hands by trying to ‘fast track’ evictions.

“I would remind all landlords that they must follow the legal process if they are to regain possession of their property – a process which is fair to both the tenant and landlords, in allowing the appropriate time for tenants to find alternative accommodation.

“We will protect vulnerable tenants from ’rogue landlords’ who try to operate outside of the law and effectively force them to become homeless.

“Landlords who fall foul of the law can expect the council to carry out robust investigations and ensure offenders are brought before the courts.

“If landlords are not sure of the correct procedure for gaining possession of their properties, they should seek appropriate legal advice.

“Failure to follow the correct procedure can lead to significant costs being awarded against the landlord by the courts, and it also opens the door to civil cases being brought by the illegally evicted tenants for damages – these costs could potentially run into thousands of pounds.”

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise tenants and landlords on UK housing law, including advising on landlord and tenant disputes, tenancy agreements, Right to Buy, housing possession, disrepair of rented property and unlawful eviction.

There are Duncan Lewis offices nationwide and Duncan Lewis is a leading firm of Legal Aid solicitors.

Duncan Lewis can also advise homeowners on housing and property matters – including offering competitively priced conveyancing services and advising on debt management and mortgage repossession.

For expert legal advice on housing matters, call Duncan Lewis housing solicitors on 0333 772 0409.