Landlord ordered to pay £1,000 for WhatsApp eviction
Are you a landlord with a nightmare eviction story? Let us know money@telegraph.co.uk
A Cardiff landlord has been ordered to pay £945 for attempting to evict her tenants over WhatsApp.
Property owner Nicole May pleaded guilty to unlawful eviction after serving her tenants notice over the messaging app last May.
Sending documents by text or WhatsApp to evict a tenant, or informing them verbally, are not generally considered legally valid methods to evict a tenant.
Instead, notice must be delivered in a way that ensures the tenant receives the documents and that the landlord can prove they have served them if challenged.
The court heard how Ms May had sent a WhatsApp message to the tenants of the property in Splott, south Cardiff, in May 2024 asking them to leave the property.
The tenants were then forced to vacate after the landlord and members of her family entered the house without permission and demanded they leave. The police were called and the tenants vacated the property after the altercation.
Nicole May pleaded guilty to unlawful eviction at Cardiff Magistrates' Court in February after failing to serve the correct legal notice. Ms May was fined £461, ordered to pay costs of £300 and a victim surcharge of £184.
Labour's impending Renters' Rights Bill is set to further restrict the ways in which landlords will be able to evict a tenant.
The legislation will abolish Section 21, known as 'no-fault evictions'. This means that landlords will need to provide a reason to end a tenancy, such as selling the property or that a family member needs to move in.
Currently, landlords can evict a tenant with two months' notice and without seeking court approval. Under the ban, all evictions will have to go through the county courts.
The policy will become law later this year despite warnings that Britain's courts are already under severe pressure. Court wait times stand at 32 weeks – a delay campaigners have warned could lengthen once the legislation comes into force.
Critics of the Bill have warned that it could lead to a rise in rents, as landlords sell up and flee the sector amid tougher conditions and dwindling profits.
One in three landlords are now looking to sell off some or all of their rental properties, according to the latest English Private Landlord Survey, with just under two thirds blaming recent changes in legislation.
Landlords and senior Tory MPs are considering launching a legal challenge to the legislation.
Alex Cook, a property litigation solicitor at law firm Helix Law, said forward-thinking landlords should begin preparing for changes the Bill will bring about.
He added: 'Many landlords, especially those managing just one or two properties, don't realise there are strict legal requirements for ending tenancies.
'The case in Cardiff demonstrates that courts take unlawful evictions very seriously, regardless of whether a landlord was aware of their legal obligations.
'Ignorance of the law is not a defence, and attempting shortcuts can result in significant financial penalties and potential criminal records.'
Lynda Thorne, a cabinet member for Housing and Communities, said the Wales prosecution 'sends a strong message to unscrupulous landlords that the council is not afraid to take legal action to safeguard tenants and their wellbeing'.
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