Quentin ensures that Landlord avoids prosecution for illegal eviction

Mr WL was a professional landlord and a man of hitherto good character. WL was faced with a problem tenant who abused the property in which he lived and failed to pay his rent. Unwisely, rather than going through the usual procedures, WL compelled his tenant to leave the property.

The tenant complained to his local authority- Birmingham City Council and, following an investigation, a decision was made to charge WL with a criminal offence of illegal eviction contrary to section 1 of the Protection from Eviction Act 1977.

WL was very concerned to be facing criminal charges; not only did he not want to gain a criminal conviction, but he was also very concerned that he may face being banned from renting properties under the Housing and Planning Act 2016. He therefore contacted specialist Barrister Quentin Hunt and sought advice and representation in respect of his case. Quentin was instructed on a direct access basis.  

Quentin immediately saw WL in conference and ascertained the facts of the case. Due to messages that had passed between WL and complainant, the case against WL was very strong and it became apparent that Quentin’s main role would be that of damage limitation.

Following the conference, Quentin approached the prosecution authority to attempt to resolve matters without the case going to Court. He submitted detailed representations on WL’s behalf, supported by evidence, and made a strong case for WL to be cautioned by the Local Authority, as opposed to being prosecuted. After a long period of negotiations, the Local Authority agreed that the case could be disposed of by way of a caution. Mr WL was delighted, particularly as, because this was a Council caution, it would not show up on any DBS checks. This signalled the end of the case and WL was able to put the matter behind him.

Quentin Hunt is a criminal Barrister who specialises in criminal matters relating to housing. He is known to be a leading lawyer in dealing with matters relating to illegal eviction, harassment and health and safety matters. He is a member of the Attorney General’s ‘A’ panel of criminal regulatory Barristers. If you find yourself charged with, or under investigation for a criminal offence you can contact Quentin for a free, no obligation conversation about your case.