Unlawful Eviction and Harassment Allegations Defeated
KANGS has recently assisted our clients successfully defend charges of unlawful eviction and harassment of an occupier brought under the Eviction Act 1977 (‘the Act’).
Mohammed Ahmed of KANGS outlines the manner in which this rewarding result was achieved.
The Offence
The Eviction Act 1977 provides:
Section 1(3)
If any person with the intent to cause the residential occupier of any premises:
- to give up the occupation of the premises or any part thereof, or
- to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof, does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, shall be guilty of an offence.
Strict Liability Offence
This offence is one of strict liability whereby culpability can be determined solely based on the commission of the unlawful act irrespective of the defendant's mindset or intent.
This can provide a significant challenge to the presentation of a defence. However, assistance may be provided by Section 3 (B) of the Act which states that:
- A person shall not be guilty if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
The Circumstances
Our clients’ elderly parents owned an investment property which was occupied by a tenant who was in arrears with payment of the rent and had also severely damaged the property.
A Section 21 Notice seeking possession, which was properly prepared and served on the tenant was ignored and at the subsequent Court Hearing, our clients were granted a Possession Order.
In due course, our clients, in the belief that the tenant had vacated the premises, entered the property using a spare key. However, they discovered that the premises still contained the tenant's belongings which they removed and they also changed the locks on the doors, thereby preventing access to the property by the tenant.
Whilst our clients were charged with unlawful eviction and harassment, it seemed clear that their actions arose from their misunderstanding of the terms of the Possession Order. They had not been legally represented at the Possession Hearing and they failed to appreciate that a court warrant had to be obtained before enforcing the Possession Order and evicting the tenant.
How We Assisted Our Clients
Having taken detailed instructions from our clients, the team at KANGS:
- sought clarification from the Prosecution upon its stance,
- examined and considered all material received from our clients, and collated additional documents required to assist our clients’ defences,
- advising our client upon their position and the appropriate course to follow,
- prepared for the Court Hearing including identifying and instructing appropriate counsel to represent our clients at the Hearing,
- attending all requisite meetings with clients and counsel, as well as the Hearing.
The Successful Outcome
Having considered all of the evidence, including the detailed and robust submissions of defence counsel selected by KANGS, the Judge agreed that our clients should be fully discharged, and that no Order for Costs should be made against them.
Our clients expressed enormous elation and relief upon the extremely favourable resolution achieved, particularly given the stringent nature of strict liability attached to this offence.
How Can We Help You?
As can be seen from the circumstances explained above, it is all too easy to fall foul of the strict laws governing unlawful eviction and harassment.
The team at KANGS provides a great depth of knowledge and extensive experience gained from advising both landlords and tenants in relation to their potential criminal liability of every nature over many years.
Should you become involved in any matter which could potentially result in criminal liability it is crucial that you seek legal advice as soon as possible. If we can assist, please do not hesitate to contact us using the contact information provided below.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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