Council prosecution sees landlord fined over invalid possession notice

Derby City Council has mounted a successful prosecution of a landlord who pleaded guilty to serving an invalid possession notice to her tenants.

The court ordered the landlord to pay more than £1,600 after hearing the case, which included testimony alleging that the landlord had a habit of visiting the home to peer through the windows.

The unfurnished property was rented to a young family for twelve months, but nine months into their tenancy, the landlord handed them a handwritten note asking them to vacate the property immediately.

She then served two notices seeking possession, one of which was to be found invalid.

At Southern Derbyshire Magistrates Court, the landlord was prosecuted under the Protection from Eviction Act 1977 following complaints made to Derby City Council's Housing Standards team in 2022.

The court fined the landlord £600 and ordered her to pay costs of £950. In addition, she was ordered to pay a victim surcharge of £60.

The court heard that during the notice period, the landlord began to repeatedly stand outside the property and stare through windows. While the tenants were away on a short break, the landlord entered the property and changed the locks without informing the tenants or providing them with new keys.

The family has since found a new home.

Cllr Matthew Eyre, Cabinet Member for Community Development, Place and Tourism, said: "All landlords have a duty of care to their tenants and while the vast majority of private landlords in the city take their legal obligations seriously, there are a small minority who don't.

"This prosecution sends a strong message to that minority of unscrupulous landlords that the council is not afraid to take legal action to safeguard tenants and their wellbeing."

Adam Carey