A residential landlord who carried out an illegal eviction has been ordered by Rugby Magistrates to pay a total of £3,075 made up of a £660 fine, £2000 costs and £400 compensation to his former tenants, plus a Victims Surcharge of £15.
Thomas Barney, ignored advice given by Nuneaton and Bedworth Borough Council about using the correct procedure for getting his property back from a couple that he was renting it out to.
He entered the property and changed the locks whilst the couple and their five year old child were out having a meal elsewhere.
Illegal eviction is a criminal offence, the penalty for which can be a substantial fine and/ or custodial sentence depending upon the severity of the offence e.g. whether violence was used.
Dawn Dawson, the Borough Council assistant director for Housing said: “The Council works with a number of excellent landlords who carry out their business with due regard for their tenants and the law.
“This is the second prosecution of a landlord by the Council in a matter of weeks. The reputation of good private sector landlords is tarnished by such cases and people in housing need can be reluctant to seek private sector tenancies when they hear of such cases.
The Council will not tolerate families being deprived of their home without proper procedures being followed”
In a separate case involving Nuneaton and Bedworth Borough Council, failure to carry out essential safety works to his tenant’s home has landed another Nuneaton landlord a hefty fine.
The Council became aware of serious threats to the tenants’ safety and served the Notice on private landlord Steven Boote after he failed to rectify them despite having them brought to his attention.
Boote failed to attend the hearing held on 20 October 2008 and was found guilty in his absence. He was fined £4,000 and ordered to pay £777.71 in costs plus £25 towards the Victim Support Scheme.
The Chairman of Magistrates commented that the fine they were imposing was towards the upper end of the scale to reflect the fact that some of the hazards fell into the most serious category. They were particularly concerned about the length of time an elderly tenant had been left without heating or hot water.
