Landlords is this fair?

Landlords who have to endure tenants that don't pay the rent and then appear to taunt them over the lack of rights the landlord has to get their own property back will have more than a passing twinge of empathy for a Portsmouth landlord.

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Kevin Etherington (25) of Morley Crescent, Waterlooville, was put on a 12-month community order and told to pay £650 towards court costs after being found guilty of unlawfully evicting a tenant. His sentence was 150 hours community service. Whilst non custodial, it still represents a month of this landlords life.

Getting his property back

His crime on the face of it was to just try and get his property back.

The reason he was prompted to such drastic action of changing the locks and dumping the tenant's belongings in the street was quite clear. Desperation. This young landlord who confesses that

"I spent all my savings on a house to rent out as a nest egg for my family."

He was then faced with still having to pay a mortgage of £700 a month despite not receiving any of the £695 of rent per month. After 4 months of non payment he was sitting on a loss of £2800. He did serve a possession notice but unfortunately did not use the correct one.

The Judge then found him guilty of illegal eviction resulting in the community sentence and a £650 fine.

Many landlords face this dilemma.

Many landlords face this kind of dilemma. In the current climate buy-to-let lenders are putting borrowers under increasing pressure. Missing 2 mortgage payments could be enough to put a landlord in line for possession proceedings. Whilst the landlord potentially has to shoulder the costs of tenant that can't or frequently won't pay, their buy-to-let lender is under no obligations to show the same level of restraint.

Mr Etherington probably speaks for all landlords when commenting on the case.


'I thought I was doing the right thing but didn't know about having the right forms and things.

'There is something wrong with the law when someone can stay in my house for free and get away with it – landlords need more legal protection.

'I'm not a horrible person, I would have loved him to stay at the house if he paid his rent.'


I know that tenants need rights and protection but don't landlords have rights as well. It just leaves me thinking that there is something a little bit unfair!