Rogue landlord fined in excess of £50,000
District Judge Silverman, in the County Court at Edmonton, showed his displeasure at a rogue landlord who had illegally evicted a tenant after assaulting him and disposing of his possessions. At the conclusion of the proceedings, the landlord received an Order against him for over £50,000.
The details of the case were reported in Legal Action magazine and were as follows.
Mr Faparusi let his property to Mr Kazadi through Martin Brooks Lettings Estate Agents Limited. There was an initial one-year fixed year tenancy that commenced on the 25th March 2006 for £650 per month. A deposit of £1,300 was paid but was not registered. There was subsequently a statutory periodic tenancy at the end of the initial fixed term tenancy and a further tenancy was granted on 19th April 2008.
However, in spite of this agreement being in force – plus the fact there had been problems with the central heating system and toilet throughout the tenancy which were not addressed – Mr Kazadi was unlawfully evicted on the 11th January 2014.
On the 8th January 2014 an employee of the managing agents tried to force his way into Mr Kazadi’s property, was abusive, and told Mr Kazadi he would be evicted. Mr Kazadi responded that he would refuse to leave without the proper legal procedure being followed.
On the 11th January 2014 the landlord came to the property with a group of eight men. Mr Kazadi was not there when they arrived but the group threw out Mr Kazadi’s visitors who were. When Mr Kazadi returned he was held down by the group and threatened with a “bladed article”, which was held to his eye with the warning they would “remove” it if he struggled.
Police had been called, and Mr Kazadi was held against his will in the flat until they arrived some 20 minutes later. The police then escorted Mr Kazadi out of the property but would not help him to regain access.
Subsequently, the agent, Mr Faparusi, told Mr Kazadi to collect his possessions, which were thrown out of the window on his arrival. Furthermore, not all of his possessions were returned and Mr Kazadi had no option but to spend 277 days sleeping on friends’ sofas until he could be re-housed.
Legal steps then ensued. The managing agents refused to disclose the identity of the landlord, as a result of which an Injunction was taken out against the agents. Mr Faparusi was added as a defendant in his absence and at the subsequent Disposal Hearing – following the failure of the managing agents to file a defence and Mr Faparusi’s defence being struck out – District Judge Silverman ordered as follows:
- £1,300 for the tenancy deposit breach when the statutory registration requirements were new.
- £2,600 for the tenancy deposit breach once the landlord should have been aware of the law.
- £1,000 for the assault on the tenant.
- £300 for false imprisonment.
- £4,450.52 in special damages for the possessions that were destroyed.
- £6,825 for the disrepair.
- £31,850 for unlawful eviction for 186 days, being the six months the Court estimated it would have taken the landlord to get possession.
- £3,000 aggravated damages.
- £2,000 exemplary damages.
The landlord was also ordered to return the deposit of £1,300, while the managing agents were ordered to pay £400 for the pre-eviction harassment, and 5% of the costs for their failure to comply with Section 1 requirements of the Landlord and Tenant Act 1985.
In total, the amount landlord had to pay was a hefty £54,625.52.
This clearly demonstrates that when landlords are prepared to ignore the provisions of the law, the Court will not hesitate to express its dissatisfaction by substantial damages being awarded.
Should you have any queries concerning the matters raised, please contact Jeremy Teall – Partner and Housing Management Team Leader – on 020 8567 3477 or by e-mail at jteall@prince-evans.co.uk