A city landlord who threatened to unlawfully evict a tenant with a young family has given an undertaking to the courts to stop business activities for 3 years following investigations by City of Wolverhampton Council.
In the first case of its kind in the city, Aunberin Kawal Saddique, sole trader and director of Emerald Lettings and Developments Limited, gave an undertaking to the courts to cease engaging in the letting and rental management services of private residential properties until 17 July, 2028.
The undertaking means that Saddique, who manages 36 properties across the city, has agreed to not let housing in England, engage in letting agency work, engage in property management work or hold a HMO (House in Multiple Occupation) licence, with agreed exceptions.
The requirements will be in force for a period of 3 years and if Saddique fails to comply, she is at risk of being sent to prison, fined or having assets seized.
The undertaking, which followed a joint investigation by the council’s Private Sector Housing and Trading Standards teams, was given by Saddique to Wolverhampton County Court sitting at Walsall on 18 July.
Saddique accepted that both she and Emerald Lettings and Developments Limited engaged in a number of unfair commercial practices including making an unlawful threat to evict a tenant, who was living in a property with her young baby.
She acknowledged demanding rent from the tenant which was not owing and misleading the public by failing to include details of the business on official stationery.
As sole trader and director, Saddique accepted that she had done or was likely to do something considered unfair or harmful to consumers.
The undertaking given by Saddique is a legally binding promise made to the court and this case is the first time City of Wolverhampton Council has used the provision.
Undertakings sit under the new Digital Marketing, Competition and Consumer Act 2024 (DMCC). The Act aims to strengthen consumer protection by regulating unfair commercial practices, including the activities of landlords and letting agents which may have a detrimental effect upon tenants’ rights.
Tenants who are currently living in properties which have been managed by Saddique will remain in their homes and the properties will be managed by other letting agents.
Councillor Steve Evans, City of Wolverhampton Council’s Deputy Leader and cabinet member for city housing, said: “There is a growing trend where landlords and letting agents engage in unfair commercial practices, including misleading tenants about the security of their tenancy, denying tenants their rights in law and illegally evicting them by failing to follow the correct procedures.
“Undertakings to the court by businesses under the new regime of DMCC 2024 will safeguard consumer interest within the letting and rental sector and create a level playing field for legitimate letting agents.
“As a council, we will not tolerate rogue landlords or letting agents who engage in unfair commercial practices and will use powers to investigate and take action, which can include using court injunctions and prosecution.”
Councillor Bhupinder Gakhal, cabinet member for resident services, said: “This is a terrible case where a city tenant and her young family were hounded by someone they should have been able to trust.
“The outcome is an excellent example of the council working together, with our officers from legal services, Private Sector Housing and Trading Standards sharing their expertise to secure this result.
“Most importantly, it has seen an unscrupulous and untrustworthy person removed from the letting and rental sector.”