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Rogue landlord illegally evicted family at Christmas

A landlord has been prosecuted for the unlawful eviction of a tenant from privately rented accommodation in Coleraine, Northern Ireland.

Leading up to Christmas 2019, a tenant contacted Causeway Coast and Glens council stating their landlord had changed the locks and refused to provide a key to allow the tenant and their young family to access their belongings.

During the council investigation the landlord, Ivan Eakin, claimed the family had vacated the property. 

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Environmental Health officials advised the landlord of the due process of law to obtain vacant possession of a property and asked that he reconsider his position and provide a key to the tenant. 

This was declined despite repeated requests.

Illegal eviction of a tenant is an offence under Article 54(1) of The Rent (NI) Order 1978 as amended by Article 60 of The Private Tenancies (NI) Order 2006.

A court has now handed down a fine of £850 and Eakin was also ordered to pay costs of £258 together with an offender levy of £15.  

Mayor of Causeway Coast and Glens, Councillor Steven Callaghan says: “[The] council is committed to upholding the legal rights of tenants living in private rented accommodation. This prosecution sends a clear message that failing to follow due process of law when ending a tenancy will not be tolerated by the council and this court ruling reflects the seriousness of the offence of illegal eviction.”

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    Nearly 4 years after the event & total fines of £1109! Many LLs would take that cost to remove an unwanted tenant!

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    I would say worth every penny, I'm sure the landlord had good reason to want to see the back of them

     
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    That’s fine Stephen Callaghan you house them give them your keys.

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    This is so ridiculous. The law has clearly been made in favour of the non-paying or breaching of the tenancy terms for the tenants. Landlord says the property was empty.
    “[The] council is committed to upholding the legal rights of tenants living in private rented accommodation. ...".

    It should read
    "The Council is committed to house the non-paying or tenants breaching the contract with the landlord (to provide social housing)."
    Shame on the council and government laws for not recognising the true events leading to the change of lock.
    I have had a non-paying tenants and was tempting to change locks, but went through the legal channels, bailiff etc and lost 9 months of rent. They managed to stay almost 12 months, before they were legally evicted. But I see as an unfair law made towards the LLs.

  • Peter Why Do I Bother

    That to me seems like a cheap eviction...!!!!

    Wonder if I can get rid of my bagheads in my trashed flat this way??

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    I would to hell with the council and courts, just get rid

     
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    Andrew my friend that’s a big no. Although I can understand the feeling and frustration at being so wronged. It goes to show the level at which Landlords are being persecuted and wronged, that perfectly law abiding tax paying citizens are driven to this pitch.

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    This is what happens when pushed into a corner

     
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    When pushed into a corner you have to break the law do you? Good luck arguing that in court.

     
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    James I really don't care I have zero respect for our courts

     
  • Peter  Yednell

    I don't nt think. Landlords should illegally evict but there may be more to this case than we are seeing... The important thing is the right to get back a property on expiry of a fixed term. In most cases the arrears won't be recoverable and evicting for anti social behaviour will only inflame the situation. Better to say one needs to sell up and seek possession on the grounds of contract expiry. However the current stupid "Conservative" goverment is taking that right away. No more fixed term contracts. The PRS is finished.

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    Fair enough Peter we shouldn't illegally evict, but when forced in a corner with a non paying tenant, wrecking the place I know what I'll be doing

     
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