An agent and landlord who threatened to unlawfully evict a tenant with a young family is to stop business activities for three years following investigations by a council.
Aunberin Kawal Saddique, sole trader and director of Emerald Lettings and Developments Limited, gave an undertaking to courts in Wolverhampton to cease engaging in the letting and rental management services of private residential properties until July 17 2028.
The undertaking means that Saddique, who manages 36 properties across the city, has agreed to not let housing in England, engage in letting agency work, engage in property management work or hold a HMO licence, with agreed exceptions.
If Saddique fails to comply, she is at risk of being sent to prison, fined or having assets seized.
The undertaking was given by Saddique after she accepted that both she and Emerald Lettings and Developments Limited engaged in a number of unfair commercial practices including making an unlawful threat to evict a tenant, who was living in a property with her young baby.
She acknowledged demanding rent from the tenant which was not owing and misleading the public by failing to include details of the business on official stationery.
As sole trader and director, Saddique accepted that she had done or was likely to do something considered unfair or harmful to consumers.
The undertaking given by Saddique is a legally binding promise made to the court and this case is the first time Wolverhampton council has used the provision.
Undertakings sit under the new Digital Marketing, Competition and Consumer Act 2024 (DMCC). The Act aims to strengthen consumer protection by regulating unfair commercial practices, including the activities of landlords and letting agents which may have a detrimental effect upon tenants’ rights.
Tenants who are currently living in properties which have been managed by Saddique will remain in their homes and the properties will be managed by other letting agents.
Councillor Steve Evans, City of Wolverhampton Council’s Deputy Leader and cabinet member for city housing, says: “There is a growing trend where landlords and letting agents engage in unfair commercial practices, including misleading tenants about the security of their tenancy, denying tenants their rights in law and illegally evicting them by failing to follow the correct procedures.
“Undertakings to the court by businesses under the new regime of DMCC 2024 will safeguard consumer interest within the letting and rental sector and create a level playing field for legitimate letting agents.
“As a council, we will not tolerate rogue landlords or letting agents who engage in unfair commercial practices and will use powers to investigate and take action, which can include using court injunctions and prosecution.”
