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Formal Cautions given to two landlords after illegal evictions

A council has issued formal cautions to two local landlords who illegally evicted their tenants.

Both landlords gave their tenants incorrect paperwork instructing them to leave their homes which the tenants believed was correct and therefore proceeded to leave. 

However, in both cases the tenants contacted housing enforcement after presenting themselves as homeless. Neither landlord reinstated the tenant when invited to do so.

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Coventry council issued the cautions and is now reminding all landlords that in order to legally evict tenants they must serve a valid notice to quit and then use this to obtain a possession order at court - anything other than this is likely to constitute a criminal offence.

Formal Cautions may be offered to perpetrators who admit wrongdoing at an early stage and accept responsibility for their offences.  They can only be offered where there is the required amount of evidence to realistically gain a prosecution. Landlords can also face a prosecution in court where appropriate.

The Formal Caution may prevent the landlords from obtaining various licenses in Coventry, including the ability to manage HMOs: the tenants also have the option of now bringing a civil action.

A council spokesperson says: “Tenants have legal rights, the right to stay in their home until an official eviction process is completed, we will not stand for landlords trying to force tenants out of their homes.”

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    “ We will not stand for landlords trying to force tenants out of their homes” …. They were not forced, they were asked, and they complied, the problem in these cases is the tenants wanted social housing !! If they wanted private this would not be a story, it’s only due to the council having zero properties to hand out… whoops… why is that the landlords problem?

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    The article is incorrect - a landlord cannot issue a "Notice to Quit" against an AST - only a tenant can. A landlord has the option to issue a "Notice Seeking Possession" such as a Section 21 or a Section 8 (with stated grounds) or he can buy the tenant out if they are willing to do a deal.

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    Sounds to me that the tenants went voluntarily

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    Agreement 20 is the Tenancy Agreement. Agreement 21 is the notice requiring possession for Assured Shorthold Tenancy, is that not notice to quit, it’s only if the Tenants don’t want to play by the rules and challenge that you have to go the Court route.

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    Sounds like the bureaucrats are outraged that paperwork was wrong.

    Shock Horror! Bring back hanging!

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    So if the paperwork is wrong, then you are forcing the tenants out, but if the paperwork is correct you're not forcing them out. Can't see much difference, either way they are leaving.

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    A council spokesperson says: “Tenants have legal rights, the right to stay in their home until an official eviction process is completed, we will not stand for landlords trying to force tenants out of their homes.”

    And landlords have . . . . ?

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    I don`t know why we bother with Laws , We may as well just leave it to the council.
    Do the Tenants have a Legal right to leave of their own free will.

    Bailiffs are only required if the Tenant does not comply with a court order to vacate. And the Court is only required if the Tenant does not comply with a notice to vacate from the Landlord.

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    Both landlords gave their tenants incorrect paperwork instructing them to leave their homes which the tenants believed was correct and therefore proceeded to leave. A council spokesperson says: “Tenants have legal rights, the right to stay in their home until an official eviction process is completed, we will not stand for landlords trying to force tenants out of their homes.”

    BUT they were not forced to leave. They left voluntarily. Coventry council are saying that they will not assist tenants who leave unless they have been evicted by Bailiffs. Shameful.

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    Dear Tenant I would like you to leave my property, they don't have to go surely if they do go then they have left voluntarily, they have not been forced out

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