When Tenants become Trespassers
“If they are not paying the rent then just get kick them out”
Simple.
Right?
Wrong!
Unfortunately in light of current legislation, court procedures and case law in English law this is not so. Infact any Landlord to act on such advice would be foolish and lucky at best. At worst financially stung and frustrated by the maze of law that regulates the relationship between Landlords and Tenants from the day you sign a tenancy agreement.
For a Landlord, purchasing a property indicates a preference for a safe investment. Though the granting of a tenancy agreement can turn this into a rather risky business.
The premise seems simple: the full and reasonable use of one’s property in return for a pre- approved rent.
Yet more and more Landlords find themselves in the position of their tenants being in rental arrears; confused and uncertain about their rights and unable to resolve the situation.
If you are a Landlord in this position, your natural instinct may be to handle things on your own. Surely as the tenant is no longer fulfilling their obligations, they have no right to stay in your property?
Wrong.
Doing so puts you on the wrong side of the law.
The Protection from Eviction Act contains extensive provisions criminalising this instinct. That effect of the act is to ‘grey over’ a black and white wrong. It permits a
non-paying tenant to stay in your property.
Forgive the lack of sugar coating, but Landlords must be aware of the reality of the legal situation or the financial consequences could be painful. In a recent case Kirklees Council v Susan Lowe (Bradford Crown Court May 2009) a Landlord was fined £8600 for unlawful eviction alone, and a total of £13,600 for other claims the tenant made.
Mrs Lowe also incurred charges under the Protection from Eviction Act 1977 for causing criminal damage to the tenant’s belongings. She was given a two year Conditional Discharge and ordered to pay costs of £1,500.
If the Landlord is to legally and safely remedy the situation, the procedures which he must follow are rather rigid. Since 15th October 2001 there are rules are in place which aid the successful eviction of a non-paying tenant. This procedure can take at best two weeks, but at worst can take months.
In the interim the question is: What label can correctly be given to the occupiers of your property? A tenant by definition is “One that pays rent to use
or occupy land, a building, or other property owned by another.” (English
Dictionary). So the person can no longer be called a ‘tenant’ in the common usage of the word, although the law continues to give them this name with all the rights that that status affords them.
So what do we call these occupiers? Staying in your property for free without your consent?
In the eyes of most Landlords I would advocate in the majority of cases,
from the moment rental arrears are accrue tenants become trespassers.
Though let this article be a warning: they are trespassers with legal rights which if
not respected can cost the landlord time, money and an excruciating headache.
This article was kindly submitted by Ms Ashley Brown, Advocate for LPP – The Court Division of Landlord Support Services
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