January 16, 2025 1:33 pm

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Nikka Sulton

A council has taken legal action against a landlord for unlawfully evicting a vulnerable tenant who had been hospitalized after a fall. The case has highlighted the risks faced by tenants in shared accommodation, particularly those who may be in a fragile state of health.

Grant Rigby, a landlord from Ramsgate, was convicted after a three-day trial at Margate Magistrates’ Court. He was found guilty of breaching the Protection from Eviction Act 1977, which offers legal protection to tenants from being evicted without the proper legal procedures.

The offence occurred in a shared accommodation setting in Ramsgate, where the tenant, already struggling with health issues, was unlawfully removed from their home while recuperating in hospital. The eviction took place without the legal notices required, leaving the tenant with no place to go after being discharged from the hospital.

This case serves as a stark reminder of the importance of adhering to the legal processes when evicting tenants, especially when the tenant is vulnerable or in poor health. The Protection from Eviction Act was specifically designed to prevent such illegal evictions, offering tenants the necessary protection from being unfairly removed from their homes.

The council’s successful prosecution of Rigby reflects the seriousness with which these violations are being treated, especially in cases where the wellbeing of vulnerable individuals is compromised. Furthermore, it highlights the ongoing issue of rogue landlords who attempt to bypass legal requirements for their own gain.

Following the conviction, the council is seeking to recover costs related to the case, ensuring that such unlawful actions are appropriately penalised. This case also sends a strong message to other landlords about the importance of understanding and complying with tenant rights and eviction procedures.

Grant Rigby, the landlord responsible for unlawfully evicting a vulnerable tenant, was fined and ordered to pay a total of £5,106, which includes a victim surcharge and prosecution costs. This legal action serves as a financial penalty, aiming to send a strong message to other landlords about the importance of adhering to the legal processes in eviction cases. The fine also highlights the significance of protecting tenant rights, particularly in situations where vulnerable individuals are involved.

The tenant, who had been hospitalised after a fall, became aware of the unlawful eviction only while still in the hospital. Upon discovering that he had been removed from his home without proper legal procedure, he promptly contacted the council for assistance. In his communication, the tenant was able to provide a detailed witness statement, which became crucial evidence in the investigation. His proactive approach helped ensure that the unlawful eviction would not go unnoticed.

Following the tenant’s report, Thanet council launched a thorough investigation into the circumstances surrounding the eviction. After careful consideration, it was concluded that the eviction had violated the Protection from Eviction Act 1977. As a result, the council decided to take legal action against Rigby, prosecuting him for his unlawful actions. The council’s swift response highlights its commitment to upholding tenants’ rights and protecting vulnerable individuals from exploitation and harm.

Sadly, the tenant passed away in the hospital shortly after the unlawful eviction, before the case could even go to trial. His untimely death adds a tragic dimension to the story, underscoring the devastating consequences that unlawful evictions can have on individuals’ lives. The case serves as a stark reminder of the emotional and physical toll that evictions can take, particularly when tenants are in vulnerable circumstances. It also reinforces the critical role that local authorities play in ensuring that vulnerable individuals are protected and that landlords are held accountable for their actions.

Rigby appealed the original conviction, but his appeal was rejected when Canterbury Crown Court upheld the decision. The conviction stood as a legal precedent in ensuring that unlawful evictions do not go unpunished, highlighting the severity of breaching tenant rights.

Following this, the council filed an application with the court, seeking an additional £12,356.87 in prosecution costs. This further financial request aims to cover the expenses incurred throughout the legal process, which was both extensive and necessary to ensure justice was served.

A spokesperson for Thanet council expressed deep sorrow regarding the case, acknowledging the emotional toll it has taken on everyone involved. The spokesperson said, “There is an extraordinary level of sadness linked to this case, and it is one that has understandably affected all professionals involved deeply.” The council’s statement reflects the profound impact that such cases have on both the victims and the public servants who work tirelessly to address them.

The spokesperson further explained the emotional distress the tenant must have experienced. “To discover whilst you are in hospital that you have been evicted, and your possessions and facilities removed to make your home unliveable, must have had a significant impact on the tenant,” they noted. The tenant’s tragic passing before the trial, unable to return to his home despite his legal right to do so, added a deeply upsetting layer to the case.

The council went on to emphasise the severity of the situation. “The fact that he passed away knowing that he was unable to return home, in spite of a legal right to, is particularly upsetting.” The council acknowledged the grief surrounding the case, not only for the tenant but also for the staff and professionals who worked on the matter.

The spokesperson also reminded the public that both courts had determined the tenant’s legal right to occupy his home, underscoring that justice was ultimately on the side of the tenant. “Two courts have now determined that the tenant had a legal right to occupy his home,” they said. The council’s Private Sector Housing team typically works collaboratively with landlords to clarify legal obligations before enforcement actions are taken, but in this instance, their advice was ignored, which led to the prosecution.

The spokesperson concluded with a reflection on the wider implications of the case. “It saddens me to even be writing about this case, but I am doing so to make it clear that we will support the legal rights of private tenants,” they stated. This statement served as a reminder of the council’s commitment to defending tenant rights, particularly in the memory of the tenant who suffered unduly in his final days.

The case serves as an important reminder of the serious consequences landlords face when they fail to respect tenants’ rights. It also underscores the need for constant vigilance and collaboration between authorities, landlords, and tenants to ensure that such injustices are prevented in the future.

 

 

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