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A Reading landlord has been fined £3,000 after being convicted for unlawfully locking a couple out of a home they rented from him.
John Cowan, who trades under JC Properties, was also ordered by Reading Magistrates to pay £5,000 in court costs and £500 in compensation.
Mr Cowan had agreed to rent the flat in Westfield Road, Caversham, to a couple in their twenties in November 2006.
The couple signed a 12-month tenancy contract with Mr Cowan in December 2006, but following a dispute over matters relating to the tenancy, the couple returned home in January 2007, to discover Mr Cowan had altered the locks and they could not get into their home.
The couple then contacted the Council to seek advice on the situation.
A Tenancy Relations Officer in the Housing Advice Section of Reading Borough Council tried to negotiate with the landlord but was unable to resolve the issue.
Debbie Ward, Reading Borough Council's Director of Housing and Community Care, said: "When someone signs a tenancy contract with a private landlord it represents a binding agreement, and if the landlord wishes to end that agreement, they must follow the due process of law. This means serving a valid notice on their tenant. If they do not leave by the end of the notice period, the landlord must start possession proceedings in the county court. It is a criminal offence to evict a tenant without following this procedure.
"Both landlords and tenants are welcome to contact the Council's Housing Advice team if they feel they would like advice on any tenancy issues they may have.
"In this case, the Council spoke to both the landlord and the tenants but a satisfactory conclusion could not be reached and it resulted in court action being taken.
"The Council would like to make it clear that to take a landlord to court is always the last resort and we do everything we can to resolve any issues before this step is taken."
The three-day hearing took place at Reading Magistrates' Court ending on April 30th 2008.
The maximum penalty landlords can receive for unlawfully evicting a tenant in a magistrates' court is a fine of £5,000 or up to six months in prison.
If the matter is referred to Crown Court, an unlimited fine and up to 2 years imprisonment are applicable.
Landlords or tenants can contact the Council's Housing Advice team on (0118) 9390089 or go to www.reading.gov.uk for more information. |
