Landlords could be fined up to £30,000 for unlawful evictions
The new Renters Reform Bill introduces stricter penalties for illegal evictions and harassment. Under this proposed bill, local councils will have the authority to impose fines of up to £30,000 on landlords who are found guilty of these offenses.
By tightening the rules and regulations surrounding assured shorthold tenancies and fixed-term assured tenancies, the government aims to discourage landlords from resorting to unlawful practices to regain possession of their properties.
This tightening of opportunities for eviction could potentially lead to an increase in cases of illegal evictions and harassment, as some landlords may seek shortcuts to bypass the new regulations.
To address this issue, the proposed bill introduces hefty fines that can be imposed in addition to any rent repayment orders obtained by affected tenants.
The proposed fines can be imposed in addition to any rent repayment order secured by a tenant in relation to an unlawful eviction. This means that landlords who commit offenses may be subject to two fines—one punitive and one compensatory—provided that criminal proceedings have not been pursued. This dual penalty system ensures that landlords face significant consequences for their actions, both in terms of financial loss and compensating the affected tenants.
Procedures have been put in place to prevent landlords from baseless accusations.
Local councils must be satisfied beyond reasonable doubt that an offense has been committed before imposing fines. This ensures a fair and just process for all parties involved. Penalties cannot be imposed if someone has already been convicted of the same conduct, if criminal proceedings are ongoing, or if the person has been found not guilty of an offense in relation to the same conduct. This safeguards against double jeopardy and protects individuals from unjust punishment.
Currently, tenants have the option to pursue claims for damages against landlords through civil courts simultaneously with criminal prosecutions in magistrates courts. This dual-track approach allows tenants multiple avenues to seek justice and compensation.
The Renters Reform Bill aims to streamline this process by empowering local councils to enforce penalties, creating a more efficient means of enforcement. This shift will likely result in increased scrutiny and a higher risk for landlords engaging in unlawful evictions or harassment.
Legal expert Sam Kharabanda Groom from Cornerstone Barristers believes that these penalties will empower local housing authorities to crack down on rogue landlords.
"In the context of other parts of the Bill, seeking to abolish assured shorthold tenancies and fixed-term assured tenancies, the implication is that the tightening of opportunities for landlords to obtain possession could cause a rise in unlawful evictions and harassment by landlords seeking a shortcut,” he adds.
He continues: “It appears that these penalties could be imposed in addition to any rent repayment order secured by a tenant in respect of unlawful eviction, meaning that a landlord who has committed an offence could be on the hook for two fines, one punitive and one compensatory, as long as criminal proceedings have not been pursued.”
The need for these measures is underscored by the alarming increase in illegal evictions and harassment.
Safer Renting, a charity dedicated to protecting tenants' rights, has compiled figures from various sources, including Citizens Advice, Shelter, and local authorities, indicating a steady rise in such cases. In 2022 alone, there were over 8,000 instances of illegal eviction or harassment, surpassing the numbers from previous years—almost 7,800 cases in 2021 and 6,900 cases in 2020. These statistics highlight the urgent need for action to prevent further exploitation and secure the rights of tenants.
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