Coventry council says that, after an illegal eviction investigation by its housing enforcement team, 2 local landlords have been issued with formal cautions. Both landlords were said to have served their tenants with "incorrect paperwork" instructing the tenants to vacate their homes. The tenants believed the paperwork to be correct and so proceeded to vacate the properties and presented to the council as homeless.

The council "invited" the landlords to reinstate the tenants but the landlords refused to cooperate.

The council has subsequently said that its "Housing Enforcement and Property Licensing Team are keen to remind landlords that in order to legally evict tenants they must serve a valid notice to quit and then use this to obtain a possession order at court - anything other than this is likely to constitute a criminal offence."

In pointing out that formal cautions are offered to individuals who "admit wrongdoing and accept responsibility for their offences" in cases where there is strong enough evidence for the council to realistically gain a prosecution if the case goes to court, the council also warned that the issuing of such a formal caution could make a landlord unable to obtain "various licences in Coventry including the ability to manage Houses in Multiple Occupation (HMO). The tenants also have the option of now bringing a civil action."

Although the council did not expand on the details behind the warning it is most likely that they were warning landlords that a landlord issued with a formal caution - used in the investigation of criminal offences including illegal eviction and harassment by a landlord - may not be able to show that they are a fit and proper person to hold an HMO licence, selective licence or an additional licence or to manage a property subject to such licensing regimes.

Passing the fit and proper person test is a requirement for landlords applying for a licence under the 2004 Housing Act and illegal eviction and harassment within the Protection from Eviction Act 1977 is also a relevant offence under the Housing and Planning Act 2016.