removing front door locks - criminal offence or civil matter?

Golden Dragon · 26th May 2007, 09:56

Yesterday I received a call from tenants of a property under our management asking what they should do as the owner was at the property just after 8am removing the front door locks. (The tenants have rent arrears up to £1800 which is less than 3 months rent. Civil matter?)

They have previousley had a visit from the same person who had threatened he would be changing the locks as they had not paid the rent.
Now I've checked the position previousley and illegal eviction, intimidation & harrassment are criminal offences, however in a call to the Police they refused to act there & then (while the owner was still at the house removing the door locks and taking the electric key from the meter.) The Police response was that this was a civil matter!

Does anyone know if the Police should have acted on the information re actions of the owner, given that what he was doing is suppossed to be a criminal offence?

MrShed · 26th May 2007, 10:06

The police should be acting, but 9 times out of 10 they dont. He has certainly committed a criminal offence.

Joa · 26th May 2007, 15:08

I concurr with Mr Shed. Criminal.

Dave777 · 28th May 2007, 21:55

What offence would it be?

Golden Dragon · 29th May 2007, 10:39

Quote:

Originally Posted by Dave777

What offence would it be?

Hi Dave

It is a criminal offence to carry out acts or interefere with the peace and comfort of a residential occupier where it could be reasonable to expect that such actions would cause the tenant to leave the property (Protection from eviction act 1977sect1)

demon_x_slash · 29th May 2007, 12:16

It would be classed as illegal eviction as the LL has had no court order to allow him to repossess the property. Illegal, not unlawful, therefore criminal.

Rob S · 29th May 2007, 14:50

The offences are criminal but they are normally reported to and investigated by the local authority housing office. Most authorities should have a tenancy relations officer who will investigate matters.

http://www.communities.gov.uk/pub/97..._id1151973.pdf

I would say it is correct that the police would not take reports of these matters, but saying it is not a criminal matter is not correct either. The police should be referring complainants in these matters to the local authority.

Dave777 · 30th May 2007, 20:56

Quote:

Originally Posted by Golden Dragon

Hi Dave

It is a criminal offence to carry out acts or interefere with the peace and comfort of a residential occupier where it could be reasonable to expect that such actions would cause the tenant to leave the property (Protection from eviction act 1977sect1)

Hi GD

Thanks for referring the relevant statute.

Nightmare4banks · 2nd June 2007, 03:03

Goldendragon in reply to your post and in my view:

1.The landlord has committed a criminal offence under the 1977 Protection from Eviction Act - as previously stated.

2.The police do not normally interefere unless there is physical violence or a breach of the peace.As previously stated,the local authority takes on this sort of prosecution in the criminal courts subject to having adequate evidence.If this happens,the tenants can use this evidence in a claim for damages against the former landlord.

3.The remedy for the tenants in this instance would be to apply to the county court for an injunction regarding the locks with a view of re-entering the property again.A breach of this injunction would be classed as contempt of court and would render the landlord liable for imprisonment.

4.The tenants would qualify for damages for unlawful eviction(I say here unlawful because damages are awarded in financial terms and in a civil court) under Section 27 of the 1988 Housing Act and measured according to Section 28 of the 1988 Housing Act.This type of damages would only be granted in the event that the tenants DO NOT get reinstated in the property again after being evicted.

5.The tenants could potentially claim other damages under different headers/losses i.e. breach of the covenant of the quite enjoyment,costs of alternative temporary accomodation and loss of belongings if applicable.
This is not an exhaustive list.

6.I have previously posted elsewhere within the landlord & tenant section of this forum regarding this topic.

I hope you find this information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

demon_x_slash · 2nd June 2007, 16:52

:O :O N4B is back and kicking Landlord a***! Where've you been, m'dear? Glad to have you back

Nightmare4banks · 2nd June 2007, 17:10

Hi all!

Yes,demon I am back to kick a**! lol! Thanks for asking.

MY LAST FEW MONTHS CAN BE SUMMED UP AS FOLLOWS:

I had my property repossesed,problems with getting the internet connection sorted out in the house that I moved into plus I had a well deserved holiday!

So,I am very fired up to kick any a**!

So,folks what in the hell are you waiting for?Fire away with your questions!

Joa · 2nd June 2007, 17:57

Welcome Back N4B

Nightmare4banks · 3rd June 2007, 02:47

Hi all!

Joa,yes it is good to be back!Cheers!

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