A letting agent is facing a private criminal prosecution later this month.
The agent is un-named, but described as the director of a sizeable letting agency in London, while the outcome of the case is likely to have wide ramifications.
The legal action has been organised by landlord Mark Alexander who this week won a David and Goliath battle in the Court of Appeal against the West Bromwich over its raising of mortgage rates.
Mark Smith, the barrister who acted for Alexander in the West Brom case, will be leading the prosecution.
Alexander, founder of website Property118, said: “I can’t reveal too many details of the man who will be in the dock right now for legal reasons.
“What I can tell you, though, is the media are going to be hungry to get reaction to this story because it will inspire many other landlords and tenants across the UK to prosecute rogue agents who have misappropriated their rental income and/or deposit monies.
“Even though it is a private prosecution (no police or CPS involvement) the Crown will pick up the costs associated with the trial regardless of whether the defendant is found to be innocent or guilty by the jury.
“In other words, the costs associated with bringing the case will be cost neutral to the victims regardless of the outcome.
Alexander said that the public should always appoint a letting agent with Client Money Protection, and to insist on having a copy of their deposit protection certificate and prescribed information as soon as possible after the tenancy.
He said that there is likely to be media interest across the UK in the private prosecution.
He is also calling for landlords to give information about agents who misappropriated client money before closing down.
He said: “Even if the agency was a limited company which is now in liquidation, and even if the case was years ago, we can still go after the directors, and if they have personal assets the Court has powers to seize these in order to compensate victims.”
Private criminal prosecutions are relatively rare in this country because of the costs involved, although anyone has the right to bring one. Organisations that have often brought private criminal prosecutions include the RSPCA, while a high-profile private prosecution was brought by the family of Stephen Lawrence after three failed years of police investigations.
The Crown Prosecution Service can take them over, either to stop them or to direct police to conduct investigation. Private prosecutions can be used by victims of alleged fraud.
Comments are closed.