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26protection and this serious breach of her human rights remains uninvestigated andunpunished.Comparable positions in other jurisdictionsUKThe Protection from Eviction Act 1977 makes it a criminal offence for any person toevict a residential occupier without following the correct legal procedure. The act alsomakes it an offence for a landlord, their agent or any person to harass a residentialoccupier with the aim of making them leave their home. The UK Act appears to givemuch broader protection and applies more widely than the Victorian residentialtenancies legislation. It would appear that under the UK Act, the eviction of theAuthor by Mr Barker would have been a criminal offence and could have attracted upto two years imprisonment.US - New JerseyOn January 12, 2006, New Jersey introduced laws making unlawful evictions a"disorderly persons offense". 63 Some of the consequences of this legislative changewere:The law requires police or any other public officials who find out about anunlawful “self-help” eviction to warn the landlord or his workers to stop. If thelandlord does not stop, then the landlord has broken the law. If the policearrive after the landlord has already locked the tenant out, the police must tellthe landlord to let the tenant back in. If the landlord refuses, then the landlordhas broken the law.Police must make sure that tenants who are illegally evicted get back into theirhome or apartment. If the landlord tries to keep the tenant from going back in,the police must stop the landlord. The police must also give the landlord asummons to go to court, or even arrest the landlord if he refuses to let thetenant back in.A landlord who tries to get a tenant out by doing any one of the followingthings is breaking the law. These things are now disorderly persons offenses:(1) The landlord uses violence or threats of violence to get the tenants out; or(2) the landlord says or does other things to try to scare the tenants intoleaving; or (3) the landlord takes the tenant‟s property and puts it outside; or63 Although Disorderly Persons offenses are handled in the municipal court and are considered offensesinstead of New Jersey Criminal Charges, a person convicted of one of these charges may potentially besubject to a variety of punishments, including incarceration and fines. A municipal Judge has the discretionto fine a defendant up to US$1,000 and to incarcerate them for up to six (6) months in jail if they pleadguilty or are found guilty of a Disorderly Persons offense. Certain Disorderly Persons offenses also carrywith them the mandatory loss of driving privileges, even if the offense had nothing to do with operating amotor vehicle. There are additional statutory fines and penalties that can make a finding of guilt very costlyto the defendant.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
27(4) the tenant lets the landlord in peacefully, and then the landlord forces thetenant out; or (5) the landlord padlocks the door or changes the locks; or (6)the landlord shuts off the electricity or gas, or has them shut off, in order tomake the tenant leave; or (7) the landlord tries anything else to get the tenantout.The only way the landlord can evict the tenant is if a special court officer witha legal court order called a warrant for removal carries out the eviction. Andeven before the special court officer can do so, s/he must give a copy of thewarrant for removal to the tenant (or leave a copy on the tenant‟s door) at leastthree days before the planned eviction. The new law provides that the warrantfor removal must tell the tenant many things, including that self-help evictionsby landlords are now disorderly persons offenses. The warrant must also letthe tenant know the earliest day on which the special court officer can comeback to carry out the eviction.If a special court officer does perform a legal eviction, he or she must fill out anew form called an “execution of warrant for possession.” The new form mustsay when the legal eviction took place, and give the name, signature, andposition of the special court officer who performed the eviction. The specialcourt officer is required to immediately give a copy of this new form to boththe landlord and the tenant (or a member of the tenant‟s family), and also topost it on the door of the dwelling unit.This last part is very important. It makes the job of the police officer who iscalled by a frightened tenant very easy. If the landlord does not have a copy ofa valid execution of warrant filled out by a special court officer, then thelandlord is performing an unlawful eviction. The police officer must tell himto stop trying to evict the tenant. If the landlord does not stop, then the policeofficer must stop the landlord and charge him with a disorderly personsoffense. The police officer must also protect the tenant and see that the tenantgets back into the home.The new law says that the Attorney General of New Jersey must make surethat all state and local police officers, prosecutors, and public officials knowabout the new law. Each police officer must be given a form that describes thenew law and the police officer‟s responsibilities to enforce it. Police officersmust also be given special training to make sure they know what they have todo to stop illegal evictions.South AfricaUnder the Extension of Security of Tenure Act (62 of 1997), South Africa has made itan offence to evict a tenant without a court order. A conviction under this offence canlead to a fine, up to two years in prison or both.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
Page 1: 1INDIVIDUAL COMMUNICATION TO THE UN
Page 4 and 5: 4Part 11.1 SummaryThe Author, her h
Page 6 and 7: 6At or just after this time, Mr Bar
Page 8 and 9: 81.2.2 Attempts to seek assistanceV
Page 10 and 11: 10“I consider the criminal act to
Page 12 and 13: 12claim- Judgment entered in favour
Page 14: 14Civil ProceedingsThe Author was u
Page 17 and 18: 17Article 2 of the ICCPR requires a
Page 19 and 20: 19requirements as to notice) with w
Page 21 and 22: 21compensate them for the wrongful
Page 23 and 24: 23must such an obligation be interp
Page 25: 25stop to the interference by third
Page 29 and 30: 293. There has been a particularly
Page 31 and 32: 319. The Author submits that such r
Page 33 and 34: 33(b) the premises are to be sold o
Page 35 and 36: 35(1) A landlord or a person acting
Page 37 and 38: 37S. 259(2A) inserted by No. 45/200
Page 39 and 40: 39apply to the Court for relief; an
Page 41 and 42: 41s. 146(d) a house let as a dwelli
Page 43 and 44: 43(iii) the accused shall be entitl
Page 45 and 46: 45Victoria PoliceG 4 February 2000
Page 47: 47DD 24 April 2001 Internal Police

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