Harassment and Illegal Eviction

 

The law protects people living in residential property against harassment and illegal eviction.

It does this in two ways:

  • by making harassment and illegal eviction a criminal offence and
  • by enabling someone who is harassed or illegally evicted to claim damages through the civil court.

Harassment

 

Harassment here means the situation in which somebody is trying to drive an occupier out of their home. It may not always be obvious that particular sorts of activity are intended to drive the tenant from the property, particularly to outsiders.

Harassment can be defined broadly as:

acts likely to interfere with the peace and comfort of those living at the property or persistent withdrawal of services that are reasonably required for the occupation of the premises.

For example:

  • removing or restricting essential services such as hot water or heating, or the failure by the landlord to pay bills so that these services are cut off
  • interfering with the occupier’s post
  • forcing occupiers to sign agreements that take away their legal rights
  • constant visits by the landlord or his/her representatives to the property, particularly if these occur late at night or without warning
  • entering the property when the occupier is not there or without his/her permission
  • allowing the property to get into such a bad state of repair that it is dangerous to live in
  • intentionally moving in other tenants who cause nuisance
  • threats and/or physical violence against the occupier(s)
  • harassment because of gender, race, disability or sexuality.

It is an offence for the landlord or their agent to do any of these things knowing, or having reasonable cause to believe, that they would cause the tenant to leave their home, stop using part of it, or stop doing the things a tenant should normally expect to be able to do.

Harassment can be very distressing and may make an occupier feel as though they have no choice other than to move out. This is not the case and harassment is a serious criminal offence.

 

Illegal Eviction

 

It is an offence to take someone’s home away from him or her unlawfully.

Most occupiers of rented accommodation cannot be evicted unless specific legal procedures have been followed. The exact procedures vary according to the particular type of tenancy or licence agreement that the occupier has. Most private tenancies are now Assured Shorthold Tenancies.

A landlord seeking possession of premises must first give notice to quit to the occupier. In most cases this notice must be in writing and in some cases reasons must be given. If the occupier remains in the property at the end of the notice period, the landlord can only enforce possession through court action. An application can be made to court for a possession order and if the occupier does not leave by the date the court orders, the landlord can apply to the court for an eviction warrant. The only person allowed by law to physically remove an occupier from their home is a court bailiff.

However, certain occupiers are excluded from the protection provided by the need for court action to be taken. An occupier may have less protection and may be evicted without a court order if:

  • they live in the same building as their landlord and share living accommodation
  • they are a squatter
  • they live in holiday accommodation
  • they don’t have any legal obligation to pay rent themselves
  • they live in a hostel or other temporary accommodation
  • their landlord is having the property repossessed by his/her mortgage lender.

It is still illegal for a landlord to use violence to get an occupier to leave. If this happens the police should be contacted.

In other cases an occupier may have more protection from eviction and rent increases. This is true for tenants who have a protected or statutory tenancy (this may be the case if a tenancy started before 15 January 1989) and also those with an assured tenancy. Sometimes landlords may harass or illegally evict one of these tenants with greater security because they often pay lower rents. It is very important for an occupier not to lose a protected or assured tenancy and urgent advice should be taken.

In all cases it is important to get advice about your housing status by contacting one of the agencies below.

Although there is no excuse for a landlord harassing or illegally evicting an occupier, in some cases it may help to understand the landlord’s reasons, particularly if the matter can be resolved by mediation. Sometimes the landlord may not know that they are acting illegally and they may be encouraged to approach the situation is a different way.

Common problems in a tenancy are:

Rent arrears. Can the situation be resolved if a realistic financial plan is negotiated? Is the occupier eligible for any additional financial help?

Inspecting or entering the property. Reasonable notice should be given of an inspection. Can the occupier negotiate with the landlord to agree how often it is acceptable to inspect the property? It is not acceptable for the landlord to enter the property without notice and the landlord does not have an automatic right to a key unless the tenancy agreement states this to be a condition of the tenancy.

Going away. If an occupier goes away for a long time without notifying the landlord she/he may mistakenly think that the property has been abandoned. It is important to keep the landlord up to date.

Action taken by a landlord or any other person to deprive an occupier of access to all or part of their accommodation without following the correct legal procedure amounts to illegal eviction.

An illegal eviction can take place:

  • by force (eg being physically removed from the property)
  • by the locks being changed while the tenant is out
  • by being denied re-entry
  • by the occupier being deprived of access to a part of the premises which she/he is entitled to occupy.

What to do if harassment or illegal eviction occurs:

  • Get advice from, and report the events to, Shelter Cymru, a local advice centre, solicitor or the local authority (tenancy relations officer or housing department).
  • Keep a diary, notes and photographs if appropriate detailing what happens and the time, date and place of all events or incidents that take place. Evidence will be important if it is necessary to go to court.
  • Report any harassment, violence or threats to the police in case police evidence is needed later.
  • Ask the landlord to put all communications in writing and keep copies. Follow up any conversation with the landlord with a letter which confirms what was said and agreed.
  • Have somebody else present to give support and act as a witness whenever there are dealings with the landlord or landlord’s agent
  • Get together with other tenants who have the same landlord.

Consider writing to the landlord saying, that if the harassment continues, the occupier may be forced to take further advice and possibly legal action to:

  • prevent further harassment and/or
  • get reinstated at the property, and/or
  • claim damages

The occupier could write to the landlord himself or could get advice and report events to Shelter Cymru, a local advice centre, solicitor or the local authority and ask them to contact the landlord on their behalf. Copies of all letters to or from the landlord should be kept.

It may be possible to stop the harassment or to persuade the landlord to reinstate an occupier at an early stage by explaining the law to the landlord and settling the dispute without legal action. However where it is clear that an offence has been committed and the occupier wants a prosecution the local authority can take this action. An occupier can also pursue a civil claim (legal action in the county court as above) separately or at the same time as a landlord is prosecuted in the magistrates court.

 

Where to get help

 

Shelter Cymru Advice & Support Services

0845 075 5005

Community Legal Service Direct

0845 345 4 345

Local Authority Housing Department, Tenancy Relations Officer or Housing Options Adviser