Industry News
Private landlord given five-year prison sentence for multiple offences of harassment and illegal evictions
I
n a landmark case Tanet District Council in Kent successfully prosecuted two private landlords and their associates for a string of
offences against their tenants at a multi-occupancy property in the seaside town of Margate. Sitting at Canterbury Crown Court, Judge Rupert
Lowe passed sentence on four defendants involved in managing rented flats at the former hotel in Athelstan Road, Margate. Te main defendant, Sohila Tamiz, was given 14 custodial sentences ranging from six to 12 months, some of which were concurrent and some consecutive. Tis culminated in a total sentence of five years’ imprisonment. Tanet District Council brought what is believed
to be the largest ever prosecution of its type, for offences under the Protection from Eviction Act 1977, aſter investigating a series of related allegations of criminal activity taking place in a building containing 26 flats. Tenants of the Athelstan Road property were
routinely harassed, threatened and unlawfully evicted without notice; locks were changed and some tenants’ belongings removed or thrown onto the street. Electrical supplies were regularly cut off. Council officers said the prosecution was brought
to achieve justice for some of the most vulnerable residents in the community and to deter others from committing similar acts. Of the other three defendants in the case,
Pedram Tamiz was given seven custodial sentences ranging from five to 11 months, some of which were concurrent and some consecutive, culminating in a total sentence of three years and four months’ imprisonment. Adam McChesney was subject to five custodial
sentences ranging from six to eight months, some of which were concurrent and some consecutive. Tis culminated in a total sentence of one year and eight months’ imprisonment. Mr McChesney’s total
In total the four were found guilty of a total of 28 offences including conspiring to unlawfully evict a tenant, conspiring to burgle and conspiring to interfere with, and directly interfering with, the peace or comfort of a residential occupier. The council also applied for compensation for the victims
sentence was suspended for 24 months by Judge Lowe, who further ordered that he must carry out 250 hours of unpaid work. Kasem El Darrat was sentenced to a 12-month
community order, and must carry out 150 hours of unpaid work and attend 15 Rehabilitation Activity Requirement days.
COMPENSATION ORDERS MADE In total the four were found guilty of a total of 28 offences including conspiring to unlawfully evict a tenant, conspiring to burgle and conspiring to interfere with, and directly interfering with, the peace or comfort of a residential occupier. Te council also applied for compensation for the victims. Judge Lowe agreed to the applications, saying:
“these are genuine victims who have suffered terror, shock and distress, the loss of property, and in one case serious injury. I therefore believe compensation orders are appropriate.” Ten compensation orders were made totalling £30,500, which must be paid by Sohila Tamiz, Pedram Tamiz and Adam McChesney in varying proportions. Councillor Ash Ashbee, Leader of Tanet District Council, said “Te sentences that the judge handed
down reflect the severity of the crimes committed by these four individuals. “Tis was a landmark prosecution for us,
and one of the largest ever brought for this kind of criminal activity in England. Tis outcome sends out a strong message to other landlords and agents in the district that we will not hesitate to prosecute you if you unlawfully evict or harass your tenants.” Applications for Criminal Behaviour Orders
were also made by the council. Te court agreed to orders against both Sohila Tamiz and Pedram Tamiz. Te orders, which are for an indefinite period of time, unless subject to a further order, ban them from engaging in letting agency or property management work, and from acting as a residential landlord in England. Neither party is permitted to enter Athelstan Road or Hadlow Drive, Margate for any purpose. Judge Lowe also ordered Sohila Tamiz,
Pedram Tamiz and Adam McChesney, in varying proportions, to pay prosecution costs of £200,000. Sohila Tamiz must pay £125,000 within 18 months; Pedram Tamiz must pay £62,500 within 18 months, and Adam McChesney must pay £12,500 within 36 months. All four guilty parties must also pay a statutory surcharge.
Landlords call on Gove to get rental reform right for landlords as well as tenants
A national body representing private landlords has responded to Michael Gove’s reappointment as Housing Secretary, by demanding that he works constructively with the sector to implement reforms fairly. Ben Beadle, Chief Executive of the National
Residential Landlords Association, said: “Top of his in tray will be progressing with the plans he
previously worked on to reform the private rented sector, including ending Section 21 repossessions. “Our survey data shows that most landlords
can envisage operating without Section 21 provided other proposals, such as on court reform and reformed grounds for possession, have their confidence. “We will work constructively with the new
Secretary of State to ensure the final reform package has the confidence of responsible landlords and tenants alike. “Tis includes the need for action to tackle anti-
social tenants, scrapping plans that would decimate the student housing market, and reforming the courts to ensure legitimate possession cases are dealt with more swiſtly.”
www.housingmmonline.co.uk | HMMDecember/January 2023 | 21
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36