needs editing, but may be useful.
Does Conwy does this?
What has been done it the area where Clwydd Alyn have bought so many houses, e.g. Lawson Road /Greenfield Rd/Erskine --- Road area --- read ----
If the pain and trouble caused by the Granny Mafia in Colwyn Bay was not hurtful, it would be laughable
Summary
There are a small number of private landlords or their agents with properties in the Borough who do not conduct themselves within the requirements of the legislation relating to private rented accommodation. These landlords sometimes resort to using illegal practices of eviction and/or harassment.
Illegal eviction is normally prevented through mediation with the landlord, however, there are occasions when the landlord continues to harass the tenant even after issuing a valid notice to quit.
The landlord accreditation scheme promotes responsible behaviour and does include a condition/clause to cover harassment but this is only effective for dealing with landlords registered with the scheme and is unlikely to have much impact on those landlords most prone to this type of behaviour as they are least likely to be members of the scheme.
Considering the fact that these practices exist within the Borough, the Council will be proactive and take a stance against illegal eviction and/or harassment and offer support, advice and assistance to customers in this situation. The Council will also prosecute any landlord or their agent where it is deemed appropriate to do so.
The purpose of the Policy is to identify and ensure a fast, clear and co-ordinated response of intervention in cases of harassment and illegal eviction. The Council will work in partnership with its customers, Landlords and partner agencies to ensure that the practice of illegal eviction and harassment is eradicated within the Borough.
Section 2
Policy Statement
Council will encourage best practice within the rented sector by working closely with responsible individual landlords, landlord groups and letting agents by providing information and support. The Council will also take a proactive approach to supporting the rights of residents and tenants in relation to illegal eviction and/or harassment. This will include the possible prosecution of any person, organisation or agency who are acting illegally.
The Council also recognise the rights as well as the responsibility of landlords and will actively encourage all tenants to observe their legal obligations as tenants. In all cases the Council will adhere to its ‘Service Criteria’ in cases of illegal eviction and/or harassment (see Appendix 1)
Section 3
Strategic context
This Policy and its key components have been developed to reflect local and national housing strategies and policies.
The future priorities for the Borough are contained in the Corporate Plan 2007-8 to 2011-12 which sets out the vision and outcomes for the next five years. This Policy has a particularly important contribution to meeting some of the priorities outlined in the Corporate Plan. In particular;-
Creating a Cleaner, Greener and Safer Borough - by incorporating measures and
procedures where tenants and their families are safer from illegal eviction and
harassment in their homes.
Creating a Healthy and Active Community – by contributing to a more stable
community by targeting Landlords who do not comply with the law. Where tenants
within the private rented sector have access to a range of good quality homes that are professionally managed.
Transforming our Council to achieve excellence - by working in partnership with other relevant organisations to target and deliver improvement
Section 4
Introduction
The law protects people living in residential properties against illegal eviction and/or harassment. It does this in two ways: by making illegal eviction and/or harassment a criminal offence, and by enabling someone who is being illegally evicted and/or harassed to claim damages through the civil courts.
Local Authorities have the power to take legal proceedings for offences of illegal eviction and/or harassment. If the evidence justifies it, they can carry out investigations and prosecute if they believe an offence has been committed. In extreme cases of harassment, and where the property is in poor condition, a local authority also has powers under the Housing Health & Safety Ratings System (HHSRS) to take enforcement action to secure improvements to the condition of the property.
4.1 The problem locally
There are some private landlords (or their agents) with properties in the Borough who do not conduct themselves within the requirements of the legislation relating to private rented accommodation, most notably the ‘Protection from Eviction Act, 1977’. These landlords may issue a ‘notice to quit’ that is not legally valid and/or encourage their tenants to leave through a variety of means (persistent calling at the property, threat to change the locks and in the extreme case physically removing a tenant from a property by force).
Some tenants are not aware of their rights and may end up leaving the property without any support or advice. It is therefore difficult to assess the frequency of tenant harassment and illegal eviction and it is likely that many cases go unreported or are resolved prior to the need to take prosecution action against a landlord (either by the tenant themselves or with support from other agencies). It is envisaged that most people experiencing this sort of problem would present at either the Housing Advice service or to other advice agencies such as the Citizens Advice Bureau.
In 2007/8 the Housing Advice service received 42 cases of people needing advice regarding illegal eviction and/or landlord harassment. In the last twelve months, the Environmental Health – Housing team estimate that they have been aware of approximately 10 cases which usually follow as a result of a tenant reporting issues of disrepair at the property.
It is not know how many cases other agencies receive as no figures are centrally
collated and recorded. However, the local Citizens Advice Bureau has confirmed that
they also often represent clients in relation to these issues.
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4.2 Relevant legislation
There are three main pieces of legislation that deal with illegal eviction and harassment:
Protection from Eviction Act 1977. The law makes it an offence to: ¾ do acts likely to interfere with the peace or comfort of a tenant or anyone living with him or her; or ¾ persistently withdraw or withhold services for which the tenant has a reasonable need to live in the premises as a home.
It is an offence to do any of the things described above intending, knowing, or having reasonable cause to believe, that they would cause the tenant to leave their home, or stop using part of it, or stop doing the things a tenant should normally expect to be able to do. It is also an offence to take someone’s home away from them unlawfully.
Criminal Law Act 1977. This act provides that if someone enters a persons home using or threatening to use violence they are committing a criminal offence
Protection from Harassment Act 1977 generally prohibits harassment.
4.3 Definitions
What is Harassment?
Harassment can include any act by a landlord, the landlords agent, or any other person acting on behalf of the owner, which deliberately unsettles a persons home life. This will include:
¾ Withdrawal of services
¾ Withholding keys
¾ Antisocial behaviour by the landlords agent
¾ Demand for excessive repairs
¾ Failure to carry out repairs
¾ Repairs which are not completed
¾ Threats and physical violence
What is Illegal Eviction?
A landlord’s right to get his or her property back from a residential tenant can normally only be enforced through the courts. Illegal or unlawful eviction is when the landlord, the landlords agent or someone acting on their behalf, unlawfully deprives a tenant of all or part of the home or where any other person forces or attempts to force a tenant to leave the accommodation without following the correct legal procedure and serving the proper notice.
Section 5
Scope of the Policy
The Council is charged with the delegated power to investigate and prosecute under the provisions of the Protection from Eviction Act 1977. The power to prosecute is a matter delegated to the Head of Legal & Democratic Services
Prosecutions will be brought on behalf of the Council in the name of the Council
Solicitor, on the instructions of the Head of Central Services, or by powers delegated from the Chief Executive. The Council Solicitor is obliged to consider and review the decision to prosecute in accordance with the criteria set down in the Code of Conduct for Crown Prosecutors. The Law Society Practice Rules require observance of this code by all prosecutors Referrals may be made in certain circumstances to the local Police who will review the circumstances when taking a prosecution for other related factors that might include theft of residential occupier’s belongings, criminal damage, assault or protection from harassment.
5.1 Specific Principles
In all cases of illegal eviction and/or harassment of a residential occupier the Council will actively consider a formal caution or prosecution on behalf of the customer. In coming to this decision between the two options, the Council will have regard to the seriousness of the alleged incident of illegal eviction or harassment, and where a formal caution is refused; prosecution will usually commence having regard to the issues outlined in the following section.
5.2 Issues to be taken into account
In deciding whether a case is suitable for the application of a caution or prosecution the Authority will take a number of issues into account, and these are outlined below;
Strength of evidence obtained
The severity of the offence and the circumstances of the case
Voluntary disclosure
Social factors
A case will not be deemed unsuitable for a prosecution or caution simply because the Landlord or their agent has allowed or is about to allow a displaced residential occupier back into a property.
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Section 6
Enforcement
The Council will adhere to its ‘Statement of Enforcement Policy’ and seek to do so in a firm but fair, open, consistent and helpful way. Any enforcement action will be compliant with relevant legislation and guidelines in line with the principles of good enforcement outlined in the Enforcement Concordat. All investigations into alleged reports of illegal eviction and/or harassment will follow best professional practice and the requirements of:
The Human Rights Act 1998
The Regulation of Investigatory Powers Act 2000
The Police and Criminal Evidence Act 1984 (PACE)
The Criminal Procedures and Investigations Act
The Code for Crown Prosecution
The Council will investigate non compliance with statutory requirements and take firm action, including prosecution where appropriate, against those who breach or fail to fulfil their legal obligations.
6.1 Enforcement options
The Council regards enforcement from a holistic view whilst encompassing all actions that can be taken to achieve compliance with a statutory requirement. It has a staged approach to enforcement wherever possible to ensure solutions are initially sought through education, co-operation and agreement. Where this is not successful, formal action will be necessary, which may ultimately lead to prosecution or other summary action. The following options will be available: Mediation & negotiation
Formal Cautions
Prosecution
6.2 Information to consider for prosecution
When considering which cases to prosecute consideration will be given to:
- the merits of each case
- the code of practise for Crown Prosecutors
- The Criminal Procedure and Investigations Act 1996
Any case will need to meet both the Evidential Test and also the Public Interest Test
(see Appendix 2) in that if there is sufficient evidence of a suitable quality to give a
realistic prospect of conviction, consideration will also be given as to whether a
prosecution will serve the public interest. A prosecution will usually take place unless
public interest criteria are against it
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Section 7
Roles & Responsibilities
The Council is ultimately responsible for ensuring that any case of illegal eviction and/or
harassment will be investigated and where appropriate, will take any necessary action
including prosecution.
All staff are responsible for adhering to the policy and for reporting any matters where
they suspect illegal eviction and/or harassment may be taking place.
Partner agencies have a responsibility to advise and assist customers and to refer
relevant cases to the Council’s Legal Department (Appendix 3 – Referral Form).
Landlords and their agents have a duty to comply with relevant legislation and to
operate in a responsible and professional manner.
Section 8
Complaints
If owners/tenants or members of the public indicate that they wish to complain about any
aspect of its work, officers will ensure that the mechanism for doing so are clearly
explained.
The Council has a formal procedure for registering complaints. In the first instance, any
complaints should be directed to the Customer Relations Officer by telephoning 01782
717717 or by writing to the address below
If the complaint is not resolved at this stage a formal complaint can be made by using
the Council’s complaint form. These can be sent upon request, collected from the
Guildhall or by visiting the Council’s website at: www. -staffs.gov.uk
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Section 9
Review
This policy will be reviewed every five years to ensure it meets its aims and objectives
and compliments the priorities contained within the Council’s Corporate Plan.
The Operational Services department will be responsible for the implementation and
review of this Policy and relevant procedures and any comments on the Policy should
be directed to this department at the address below.
A copy of the Policy can be obtained upon request from the address below or by visiting
the Council’s website at: www. -staffs.gov.uk
Borough Council
Civic Offices
Merrial Street
If you require further copies of this policy or a copy in large print, in Braille, on tape or in
a language other than English, please call 01782 742562
Agencies involved and consulted in the drafting of the Policy
Housing Advice Service
Citizens Advice Bureau
Private Rented Sector Focus Group
Borough Council
Environmental Health – Housing
Housing Strategy
Legal & Democratic Services
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Appendix 1
Borough Council
SERVICE CRITERIA
in dealing with cases of illegal eviction and/or harassment
¾ Aims to mediate and negotiate in cases of serious landlord and tenant disputes
in the rented housing sector
¾ Where mediation fails or is inappropriate the Council may decide to pursue an
investigation which may lead to a criminal prosecution under the Protection
from Eviction Act 1977
The Council will deal with cases of: -
1. Unlawful eviction of tenants by private and registered social landlords or
people acting on their behalf
2. Threatened unlawful evictions of tenants by private and registered social
landlord tenants or people acting on their behalf
3. Serious cases of harassment of tenants by their landlord or people acting
on their behalf. Serious could be violence, threats of violence, abusive,
discriminatory, aggressive or intimidatory behaviour
4. Disconnection of essential services (water, gas, electricity) by the landlord
or person acting on their behalf
5. Cases of harassment where the tenant(s) involved may be vulnerable
E.g. elderly tenants, tenants with mental or physical health problems
6. Cases of racial, sexual or other discriminatory issue
Any enquiries over general terms and conditions of tenancy, bonds, contracts,
rent increases or other civil matters will be dealt with through the
Housing Advice Service who are contracted to provide this service on behalf of
the Council.
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Appendix 2
PUBLIC INTEREST TEST
PUBLIC INTEREST
PRO PROSECUTION
Violence, actual or threatened, including
threatening behaviour.
Premeditated offence/ongoing
harassment, i.e. where landlord has
previously received warnings.
Victim vulnerable/put in considerable
fear/suffered personal attack.
Discriminatory motivation – racial,
sexual or disability
Relevant previous convictions.
Grounds for believing offence likely to be
repeated, i.e. previous complaints
received.
Widespread offence in the area and
prosecution likely to act as a
disincentive..
Help ensure person can remain in their
home
PUBLIC INTEREST
ANTI PROSECUTION
Offence committed due to genuine
mistake/misunderstanding.
Minor loss or harm due to a single
incident, especially if caused by
misjudgement.
Long delays between commission and
trial unless:
- serious delay is partly due to
defendant
- complex offence
- due to prosecuting authority
Vulnerable defendant
- unless serious offence
/possibility of repetition
Risk to witness.
Defendant has put right the loss or harm
caused.
Possible motives of complainant
including delay in making complainant
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APPENDIX 3
Report of Illegal Eviction and/or Harassment
Please complete this form to report any possible cases of illegal eviction and/or harassment for
investigation and possible prosecution by the Councils Legal Department.
Details of referring agency
_
_
_
_
Details of aggrieved person(s)
_
_
_
Details of Landlord
_
_
_
Details of Tenancy
_
_
_
Other relevant information
_
_
_
Contact Name
Address (inc postcode)
Telephone
Contact Name
Tenancy Address (inc postcode)
Current address (if different than above)
Telephone
Contact Name
Address (inc postcode)
Telephone
Is Landlord/Lady a company? If yes, company name
Type of tenancy Tenancy start date
Type of Notice issued? Eviction date
Any shared facilities with Landlord/Lady? Any rent arrears?
Reason for harassment, if known
Are there any witnesses?
Is any person’s safety at risk? If yes, please give name(s) and reason
Have the Police been informed? If yes, please state any involvement
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Events to date
_
_
_
Customer’s authority for disclosure of information
_
_
Signed (Referring Officer)………………………………..………… …. Dated submitted to CCBC? …………….…....
Thank you for bringing this matter to our attention. Please submit the completed form to the Council’s
Solicitor (Legal & Democratic Services) at the address given below.
___________________________________________________________________________________________________
Borough Council
Civic Offices, Merrial Street, , Staffordshire. ST5 2AG
Telephone 01782 717717 Fax 01782 711032
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Please include what events have taken place, including details of harassment, timescale of events, who is
involved etc. Please attach copies of any notices or correspondence to date.
I hereby give permission for the agency named above to disclose details and information on my behalf in relation
to the matter of illegal eviction/harassment
Signed Date
