Recently we hosted a webinar for estate agents and in-house legal professionals from leading worldwide companies to explore the alternatives to section 8 evictions. The webinar focused on the changes to the law which the Renters Rights Bill is introducing, and the potential alternatives of using private prosecutions in the fight against fraud and criminal damage.
Three particular points of discussion arose during the webinar, which we were delighted to share our insights on:
1. Balancing the rights of the tenant and the rights of the landlord
Landlords are aware of their obligations and will follow the strict eviction procedures if they want the tenants to leave their property. Most of the time, this will be appropriate and the correct approach to use. However, there are instances, where a tenant will have committed criminal offences and all the while, the offender hides behind the eviction process while, the landlord is losing their livelihood.
2. Fault by the tenant
The changes due to be introduced by the Renters (Rights) Bill include mandatory and discretionary grounds, under which the court can evict a tenant. Some of these grounds, could also amount to criminal offending. During the webinar. we shared case studies, as well as participants sharing the experiences their landlord have suffered with troublesome tenants including:
- False information provided to onboarding agencies
- Dishonestly withholding rent
- Criminal damage to the property
- Nuisance behaviour
- False referees
3. Navigating the range of options available
Many landlords and estate agents are unaware of the range of tools at their disposal to deal with troublesome tenants. Private prosecutions offer some of the most unique advantages. Participants were keen to discover these advantages (many of which we outlined in a recent article ‘“It’s a civil matter”. The Law & Troublesome Tenants.).
Conclusion
The webinar and the discussion with participants that followed, highlighted that the challenges faced by landlords are all too familiar to us at EMM. While there are significant challenges there are also tangible solutions available (such as a Private Prosecution). As the landscape of landlord-tenant legislation continues to evolve, collaboration and continuous learning will be key.
If you’d like to know more about Private Prosecutions, or keep in touch regarding future webinars, please let us know here.
