The BBC is reporting on a case where two people have been sentenced after illegally evicting a tenant described by the local authority as vulnerable. It can be seen here,
The recent sentencing of Phoenix Supported Housing CIC, along with its former managing director Kimberley Bethell and director Davinder Singh Chall, highlights a significant case of illegal eviction and exploitation in the housing sector. Here’s a breakdown of the case and its implications for landlords and tenants:
Details of the Case
- Offenses Committed:
Bethell and Chall were found guilty of unlawful deprivation of occupation and engaging in commercial practices that contravened professional diligence requirements. The charges stemmed from their handling of a vulnerable tenant who had fallen into debt. - Tenant’s Situation:
The tenant had been promised various forms of support under the tenancy agreement but received none over a seven-month period. The tenant was then threatened with eviction after falling behind on rent, with no legal process followed. - Illegal Eviction:
The tenant was given a 14-day notice to vacate the property, and the pair threatened that any possessions left behind would be disposed of. These actions violated the tenant’s legal rights and were carried out in an unlawful manner.
Court’s Ruling
- Sentences:
Bethell and Chall were each sentenced to nine months in prison, suspended for 18 months, meaning they will not serve jail time unless they commit another offense within the next 18 months.
They were also ordered to complete community service: Bethell must perform 140 hours of unpaid work, while Chall must attend 25 rehabilitation days. - Compensation:
Both Bethell and Chall were ordered to pay the tenant ÂŁ1,500 each as compensation within the next 12 months. - Fines:
The company, Phoenix Supported Housing CIC, was fined £10,000 and also must contribute £15,000 towards the council’s legal costs.
Council’s Response
- Council’s Statement:
Councillor Steve Evans, Deputy Leader and Cabinet Member for Housing, strongly condemned the landlords’ actions, calling them “shameful”. He emphasized that Wolverhampton Council would take a strong stance against illegal evictions, using its powers to reinvest tenants into properties, issue court injunctions to prevent future illegal evictions, and launch further investigations into unlawful practices. - Implications for Landlords:
The case serves as a stern reminder to landlords that any actions involving illegal eviction, failure to follow proper procedures, or misleading tenants can result in serious legal consequences. Councillor Evans reaffirmed that the council would continue to investigate landlords who break the law, especially when dealing with vulnerable tenants.
Wider Implications
This case sends a powerful message to the wider rental market, especially concerning vulnerable tenants who are at greater risk of exploitation. As the Renters’ Rights Bill moves forward, which seeks to protect tenants from issues like unlawful eviction and unfair treatment, cases like this emphasize the importance of proper legal and ethical practices in the rental sector.
Landlords should be fully aware of the legal requirements surrounding evictions, including the need to serve proper legal notices and follow due process. Tenants, especially those with vulnerabilities, are entitled to support, security, and protection from exploitation, and landlords who fail to uphold these responsibilities can face severe legal consequences.
