Latest advice for tenants on unlawful landlord evictions in Congleton

By Alex Greensmith

18th Mar 2022 | Local News

Congleton tenants being harassed by private landlords who are trying to evict them illegally are being urged to contact Cheshire East Council.

The council has developed an unlawful eviction and harassment policy to ensure residents know their legal rights and the support they can access if they are threatened with eviction.

Just nine people reported unlawful evictions in the borough last year but the council fears the number is much higher.

Peter Skates, the council's director of growth and enterprise, told Thursday's meeting of the economy and growth committee: "The majority of Cheshire East landlords offer good quality housing and manage their properties in a professional manner.

"However, we are aware that some landlords do not operate in this way and do not follow the correct process when wishing to gain possession of their properties from tenants."

He said the council has developed a policy which outlines tenants' rights and identifies the methods and actions the council will follow once it becomes aware a tenant has been unlawfully evicted, or is being subjected to harassment to encourage them to leave their home.

"The purpose of the policy is to identify and to ensure a prompt clear and coordinated response…to deal with allegations of harassment and unlawful eviction," said Mr Skates.

The committee was told the emphasis would be on educating both the landlord and tenant on proper procedures. Taking legal action, where necessary, would be a last resort.

Conservative group leader Janet Clowes (Wybunbury) said that during the pandemic tenancies couldn't be terminated because of government policies – but some landlords had tried to get round this through harassment.

"Tenants were being harassed in other ways, as a result of which, tenants left the properties and were then deemed intentionally homeless, which obviously takes on a very different legal meaning in terms of getting new accommodation," said Cllr Clowes.

She said these often very vulnerable people were hit by 'a double whammy of landlord harassment and procedural red tape'.

She asked how they could be helped.

David Fenton, housing options manager, said: "Harassment might not be as obvious or easy to evidence at times, when it comes to prosecuting landlords, for instance.

"We're advising tenants, where issues might be relatively minimal at first, that things are evidenced and recorded in the correct way."

He said then, if things escalate and it becomes harassment or unlawful eviction, 'the evidence is there and we're able to take stronger action and they're able to get civil remedies as well to maybe regain entry or take action against the landlord themselves'.

Cllr Anthony Critchley (Lab) said his Crewe Central ward had the highest percentage of residents in the borough living in the private rented sector.

"The knowledge that the authority has avenues of support in the stage process, which is the mediation, negotiation, cautions and the signpost into civil and legal remedies, will give confidence to our residents in taking the appropriate route to involving the council where they currently do not," he said.

The committee voted unanimously to approve the unlawful eviction and harassment policy.

Copies of the policy, which will be available in different languages, can be obtained by emailing [email protected].

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