| SPOTLIGHT |
A landlord in Oxford has been sentenced to three months in jail for unlawfully evicting a tenant, in a case prompted by the involvement of the city council.
Kenston McIntosh accepted at a hearing at Oxford Crown Court that he had evicted his tenant, Michael Hutchinson, without a court order. The defendant claimed that he had provided accommodation to Mr Hutchinson as an act of charity.
Hutchinson called the council in February 2010, having lived at the Balfour Road property for four years and paid rent in cash.
He had stopped working because of a change in circumstances and applied for housing benefit. The council’s officers told him that they needed proof from his landlord, McIntosh, that he was living at the property if they were to process his claim.
However, McIntosh refused to provide that information and instead demanded that Hutchinson leave the property.
Oxford City Council’s tenancy relations officer then wrote to McIntosh informing him of his tenant’s rights to remain in the property. McIntosh then served an invalid notice on Hutchinson, seeking possession.
On 27 March, McIntosh went to the property and became aggressive, the council said. He told Hutchinson to leave, warning that the locks would be changed. Hutchinson then had to sleep in an abandoned car for several nights.
McIntosh was arrested at Gatwick Airport on 2 October after failing to attend an earlier court hearing while on unconditional bail. He pleaded guilty at a hearing on 29 October.
Cllr Joe McManners, Oxford City’s board member for housing, said: “There is a clear legal process for landlords to follow should they wish to evict a tenant. Mr McIntosh failed to follow that process in this case and has paid the price.
“The court has sent out a strong message that it is simply not acceptable to evict a tenant without a court order.”
