Harassment and illegal evictions
Harassment and Illegal Eviction are both criminal offences. The following explains what harassment and illegal eviction are, what the law says about it and what to do if you are being harassed or have been illegally evicted or are being threatened with it.
Harassment
Harassment can include anything which prevents you living safely and peacefully in your home. It is:
- An action by a landlord or someone acting on their behalf
- It is likely to interfere with the peace or comfort of someone who has a legal right to live in a property.
- It breaches your right to "quiet enjoyment", which means the right to live peacefully in your home. If anyone interferes with this right they could be committing a criminal offence.
Tenants have had their lives made a misery without realising that they are protected under law and can get something done about it. Harassment varies from the most brutal and violent acts to the more subtle, which can still be frightening and distressing.
Examples of Harassment:
- Entering your home when you are not there or without your permission
- Persistently asking you to leave
- Threatening you to make you leave, or offering you money to leave
- Removing or restricting utility supplies such as water, gas or electricity supplies or failing to pay bills so that they are eventually disconnected
- Forcing you to sign agreements which are designed to reduce your rights
- Allowing the property to fall into such a bad state of repair that it becomes uncomfortable or even dangerous to live in
- Refusing to let you into certain parts of your home, or letting you in, or letting you use facilities only at certain times
- Harassment because of your race, sex or sexuality.
Illegal Eviction
Unlawful eviction is when your landlord (or any other person) attempts to force you from part or all of your home - without taking the necessary legal action. If your landlord wants you to leave and you don't have anywhere to go or you don't want to leave, then you usually have the right to remain until a court order is issued. Your landlord must follow the correct legal procedure before taking any of the following action:
- Changing the locks so that you can not enter the property
- Removing you or your belongings from the property
- Stopping you from using your home (or any part of it)
Most people who live in privately rented accommodation can only be made to leave their home if:
- They have been served the correct Notice and:
- A Possession Order has been granted against them by the County Court.
Even then, they can only be lawfully evicted by County Court bailiffs. There are laws which make it a criminal offence to evict a tenant or lawful occupier without a Court Order, or to harass tenants in the ways we described above. If a landlord is convicted of harassment or illegal eviction, they can be given an unlimited fine and/or sent to prison for up to 2 years. You may also be able to sue the landlord yourself and get damages to compensate you for what you have suffered.
What to do if you think you are being harassed or threatened with unlawful eviction
Contact the Community Protection team immediately. They can help you by advising you on your rights and by investigating your complaint of harassment or illegal eviction. The Council has the power to prosecute your landlord for the criminal offences of harassment and/or illegal eviction.
If your landlord or their representatives has physically or verbally threatened you contact the police.
- Keep a record or diary detailing incidents/threats that have occurred, including dates and times.
- Try to ensure that all communication is in writing.
- Keep a record of the names and addresses of anyone who has been involved, for instance any witnesses or police involved.
- If you have to deal with the landlord in person, try to have someone present with you as a witness when seeing the landlord.