Governance, Policies and Practices

On Wednesday, a couple of conundrums landed on the desk of the 7 people that constitute the Safer Renting posse.

Both concerned cases where our partner council EHOs had served prohibition orders on properties, with an effective date two weeks away but where curiously the occupants didn’t want to move out, despite the dreadful conditions.

To counter complaints voiced in landlord press that local authorities are failing to enforce against rogue landlords and agents, Safer Renting brings you a monthly roundup of the real work being done, stories which are often not reported on more widely than the local papers. We welcome any stories of yours that we missed.

The Harassment and illegal eviction are criminal offences under the Protection from Eviction Act 1977. Legal action is brought by the council and the tenant becomes a witness in the local authority prosecution. At the same time, they are also civil offences, known as ‘Breach of Covenant for Quiet Enjoyment” and a renter can take their own action as well as the council prosecution, so the offending landlord or agent can receive a criminal record and be fined and be ordered to pay damages to the tenant in a civil claim. Civil claims are generally heard much faster than criminal ones but there are two main barriers to renters taking their own action.