What if Section 24 is applied to recently incorporated landlords?

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I see this question posted on Facebook every few weeks, so I have decided to write an article on the topic, which I can share a link to whenever it pops up again.

It wouldn’t matter if Section 24 was applied to LTD Companies

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From Scam Artists to Family Feuds

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In this week’s episode of Channel 5’s ‘Nightmare Tenants Slum Landlords’ (Monday 17th June), Landlord Action tackles two very different eviction cases, one involving an illegal sub-let by a ‘professional’ scam artist, the other which sees a favour turn into a family feud.

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Landlord prosecuted for illegal eviction

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Eviction:

A Mostyn, Flintshire landlord Mr Gruffydd Edwards has achieved
the dubious distinction of becoming the first landlord in Flintshire to be
prosecuted for unlawfully evicting a tenant.

Flintshire County Council’s Environmental Health Officers brought
the prosecution against the landlord for illegally evicting his tenant.

Edwards pleaded guilty to the offence which took place at
one of his properties in Llys Y Wennol, Mertyn Downing Lane, Mostyn and was
fined £1,040 at North East Wales Magistrates Court.

In this case it would seem the landlord was lucky to receive
a relatively low fine as fines have been much higher in other similar cases and
the offence carries a potential 2 year prison sentence.

The Protection from Eviction Act 1977 makes it a criminal
offence to harass or unlawfully evict a residential tenant, so Edwards receives
a criminal record for his pains. Penalties for a breach can be quite severe.

Assured shorthold tenancies (ASTs) are covered by the 1977
Act which protects tenants from harassment and forced eviction. Specific legal procedures
must be followed before a tenant can be evicted illegal which involves a court
order and where necessary a court bailiff eviction.

An illegal eviction can take many forms including removal by
physical force or threat of force, denying re-entry, changing locks to deny
entry, or denying access to a part of the property to which the tenant previously
had access or needs access such as toilets etc.

Flintshire County Council’s Cabinet Member for Planning and
Public Protection, Councillor Chris Bithell, said:

“I am pleased that the Council has been successful in
pursuing the prosecution of this landlord for an unlawful eviction. It is most
important that tenants’ rights and interests are protected and that landlords
respect them.

“This prosecution sends a clear message that Flintshire
County Council will protect residents against unlawful private landlords. It
reflects Flintshire’s commitment to ensuring homes in the private rented sector
are properly managed.�

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