Harassment and Illegal Eviction by Private Landlords
Harassment
The Protection from Eviction Act 1977 makes it a criminal offence for landlords, or someone linked to them (e.g. the property manager etc), to harass their tenants with the intention of making them leave their home or to prevent them from exercising their rights under the tenancy.
Harassment can include anything that stops the tenant, or anyone living with him or her, living safely and quietly within their home.
Harassment can cover a wide range of activities; they are not always obvious acts. Examples of harassment include:
- removing or restricting services like gas, electricity, and water
- entering the property without the tenant’s permission
- using threatening language or behaviour
- preventing the tenant from having guests
- refusing to let the tenant use parts of the property (e.g. the bathroom or garden) that are included within the tenancy agreement.
It is a criminal offence for a landlord to harass their tenant; conviction can lead to a fine and/or imprisonment. The tenant can also claim damages.
Illegal eviction
A landlord does not have an immediate right to get their property back. In most cases, tenants can only be forced to leave their property by a court of law.
Eviction of a tenant must follow the correct procedure. Normally, this is by giving the tenant a written notice to quit and then applying for a court order.
If you have been served notice to leave your home visit Get Housing Advice and use Advice Aid
Be sure to know your rights and responsibilities. Visit Private renting: Your rights and responsibilities
For further information visit:
Reporting harassment or illegal eviction
The council can investigate reports of harassment or illegal eviction. Contact the council’s Housing Advice and Homeless team: Housing Jigsaw
If you believe that your personal safety is at immediate risk due to the actions of your landlord or someone acting on their behalf, you should report this to the police by calling 999.
Once you have reported illegal eviction or harassment to the council, you will be interviewed by an officer from the Housing Options and/or Environmental Health team, who will gather the facts and check the details of your tenancy. They will need to see a copy of your tenancy agreement, if you have one, and will need your landlord’s contact details.
You may also be asked to provide any evidence of contact with your landlord such as voice messages, text messages, emails, etc. It is important to keep any evidence of your landlord’s conduct, while the council is investigating your complaint.
What other action can tenants take?
You may be able to take direct legal action, by applying to the County Court for an injunction to prevent your landlord or someone acting on their behalf from harassing you or attempting to illegally evict you or – if you have already been illegally evicted - to require that your landlord allows you back into the property.
You usually have to pay a fee when applying to court for an injunction. You may not have to pay if you claim certain benefits or have a low income. For more information visit Apply for help with court and tribunal fees
You may also be able to make a claim for compensation where you have experienced harassment or illegal eviction.
If you are considering taking your own legal action, it is recommended that you take legal advice as soon as possible. You may wish to contact a private solicitor. To find a solicitor/lawyer visit The Law Society and select How to Find a Solicitor from the top tool bar.
You may be able to get free legal advice and representation (legal aid) if you’re on a low income or benefits. For more information on legal aid visit Legal aid for housing problems
You may be able to get free confidential advice from Civil Legal Advice (CLA) as part of legal aid. For more information visit Civil Legal Advice (CLA) or call 0345 3454345 or text ‘legalaid@ and your name to 80010 – they can call you back.
Free advice may also be available from the Luton Law Centre who specialise in social welfare law including housing and homelessness. Contact Luton Law Centre, Second Floor Community House, 15 New Bedford Road, Luton LU1 1SA – call Advice Line 01582 481000 or visit Luton Law Centre