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Landlord fined for not following correct eviction procedure
This article is an external press release originally published on the Landlord News website, which has now been migrated to the Just Landlords blog.
A Birmingham landlord is counting the cost of his errors, having been ordered to pay substantial costs for illegally evicting a family of nine.
Mr Mirsad Solakovic, 37, of Sparkbrook in the city, was fined £700 and told to pay £1,500 following his rogue dealings.
Unlawful
Solakovic was found guilty of unlawfully evicting the family from a home in Bordesley Green, which was a contravention of Section 1(2) of The Protection from Eviction Act 1977.
The landlord asked his tenants to leave but did not serve them with the appropriate notice. As a result, Birmingham City Council wrote to the agent managing the property, outlining the correct legal procedure to be followed in order to successfully gain possession.
Subsequently, the agent served a new notice giving the tenants two months notice to leave the property. However, Mr Solakovic decided to ignore this and changed the locks to the home.
One of the family members returned home to find he was unable to access the home and immediately called the police. Despite this, Solakovic did not allow the family to return, only allowing one tenant to retrieve a few personal belongings.
Processes
Councillor John Cotton, Birmingham City Council’s cabinet member for neighbourhood management and homes, reminded landlords and agents that there are legislations that must be adhered to when looking to evict tenants. Cotton noted, ‘when relationships break down between tenants and landlords there are strict legal processes that have to be followed and council officers are here to help both sides move forward.’[1]
‘In this case, Mr Solakovic took the law into his own hands and unlawfully evicted a family. Today’s prosecution sends out a clear message that we will not tolerate this behavior and will pursue those landlords who operate outside the law,’ he concluded.[1]
[1] https://www.landlordtoday.co.uk/breaking-news/2016/1/birmingham-landlord-fined-2-200-for-illegal-eviction