One option open to a landlord where a tenant refuses to vacate is to apply for a committal order.
Our client, a charity that provides support for those with mental and physical disabilities, is finally able to close the doors (literally) on a long-running property repossession case which was first started over a year ago — with the tenants being committed to prison for contempt of court.
Background to the landlord and tenant case
A housing authority asked our client to provide housing for two individuals who had been found homeless. The arrangement did not work out well, and Slee Blackwell was instructed to serve a Notice of Possession and thereafter issue court proceedings. This resulted in a repossession order being granted, followed by bailiffs attending to evict the tenants.
In most cases, tenants vacate a property where a repossession order has been made. However, in this instance, the tenants refused to leave. One of them barricaded himself in his flat, while the other firmly refused access. Police were asked to attend but were unable to effect an arrest as there wasn’t any public disorder or breach of the peace.
Our application for committal of the tenants to prison
As the tenants had flagrantly disregarded the court order and had obstructed an officer of the court in his lawful duties, we made an application to the court for the committal of the two tenants on the grounds of contempt of court.
At the first hearing, the tenants did make an appearance but claimed that, amongst other things, they had not been able to obtain legal advice. The judge was not best pleased, as they had had many months to obtain legal representation. So while he adjourned the case, he did so with stern warnings to the two tenants that this was their “last chance”.
At the reconvened hearing, the tenants failed to make an appearance. The judge found them in contempt of court, stating that an aggravating factor was that they had “shunned and squandered the opportunity to purge the contempt after the adjournment, by cooperating and vacating voluntarily”. As a result, he ordered the immediate committal of both tenants for a period of two weeks, with a substantial costs order against them.
At the time of writing, the tenants have yet to be arrested, but they have voluntarily vacated the premises. We understand they are hoping for council-provided temporary accommodation, where undoubtedly they will be arrested in due course.
Emma Slade, a partner in our litigation team who specialises in landlord and tenant disputes and had conduct of the matter, said:
“Whilst it has taken a considerable time to get to this stage, causing upset and disruption to other tenants, as well as understandable frustration on the part of our client, the outcome appears to be entirely justified: the Courts will not tolerate abuse of orders that it makes.”
Emma is pleased to have been able to assist in this matter and is here to help other landlords obtain possession of their property, using the full force of the law where required.
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