A Lancashire expert has warned residential landlords to follow strict legal rules when looking to evict a tenant and take possession of a property.
Helen Clutterbuck, solicitor in the Litigation team at law firm Napthens, reports that a recent ruling saw a landlord receive a heavy penalty when they failed to obtain the proper court order for possession of a property.
The tenant in the case was awarded £90,500 in damages by the court as well as £9,000 for the loss of his personal possessions when the court found he had been evicted illegally.
Now Helen warns that landlords must be aware of their responsibilities before taking such serious steps.
She said: “It is not beneficial for a landlord to take the risk of evicting a residential tenant without obtaining a possession order – something that can be done relatively quickly and inexpensively.
“This has been law for some time, but many landlords – and tenants – are unaware that taking possession incorrectly can result in such hefty fines.
“Clearly eviction is a last step when there are serious issues at play between a landlord and tenant, but this ruling highlights the importance of ensuring that the correct legal advice is sought before any action is taken.”