Harassment is considered to be any action taken by your landlord to intentionally disrupt your home life or make you leave (illegal eviction). If this behaviour is persistent or is done in a threatening manner, you may be a victim of harassment and have grounds to make a claim.
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What Constitutes Harassment?
In the UK, harassment is normally conduct by your landlord that is intended to cause you to leave the property or make it difficult for you to live there. Behaviour from a landlord that could be considered harassment includes persistent actions such as:
- Unwanted visits or contact.
- Threats of eviction.
- Withholding repairs or services.
- Interfering with your enjoyment of the property.
. Other examples harassment include:
- Changing the locks without your permission.
- Cutting off utilities.
- Threatening you or your belongings.
- Making false accusations against you.
If you believe that you’re the victim of harassment from your landlord, please contact our team who can advise you on the best course of action.
What is Illegal Eviction?
Illegal eviction is when your landlord, or another party acting on their behalf, forces you to leave the property without following the correct legal procedures. It is a criminal offence under the Prevention from Eviction Act 1977 to evict a tenant from a property without the tenant’s consent or without an order from the Court, and landlords who are found guilty can be fined and even imprisoned.
If you have been illegally evicted you have certain rights and in certain circumstances you may be able to apply to the Court to go back into your home. However, if a possession order is granted by the Court, your landlord can apply to the bailiffs to evict you. It is always important to understand your position before the landlord obtains a possession order from the Court.
Some examples of things that are considered illegal eviction include:
- Changing the locks while the tenant is out
- Throwing the tenant's belongings out of the property
- Threatening or harassing the tenant into leaving
- Cutting off the tenant's utilities
- Making the property uninhabitable
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Tenant Rights
Tenants of a property have a number of rights including things such as the right to live in a safe and healthy home, have repairs carried out in a timely manner, protection from eviction without due process, privacy and enjoyment of the property and to have their deposit returned at the end of their tenancy.
There are other considerations to make when it comes to tenants rights. For example, for shorthold tenancies, tenants have the right to stay in the property for a minimum of six months unless the landlord provides a valid reason for eviction.
When to Let Your Landlord In
In general you should only let your landlord into the property under the following conditions:
- They have provided at least 24 hours’ notice in writing.
- They are entering the property to carry out repairs or inspect the condition of the property.
- They are entering the property in an emergency.
Some tenancies also require you to let your landlord into the property towards the end of the tenancy to allow them to market the property or show round possible new tenants.
If your landlord has not provided a valid reason to enter the property, you have the right to refuse them entry.
Legal Procedures for Eviction
The legal procedures for evicting a tenant from a property can vary depending on the type of tenancy agreement made with the landlord. However, in general a landlord must take the following steps to evict a tenant from their property:
- Serve a notice to quit outlining the reasons for eviction and the date by which the tenant must leave the property.
- Apply to the court for possession order in the event that the tenant refuses to leave the property.
- Obtain a warrant for possession with which the bailiffs will evict the tenant if they have refused to leave.
- Eviction by bailiffs on the date of the eviction, where the bailiffs will arrive at the property and provide the tenant with a reasonable amount of time leave.
How Lovedays Solicitors Can Help
If you believe you’re being harassed or illegally evicted from your home, the team here at Lovedays Solicitors are here to help. Our team of specialist harassment and eviction lawyers can provide legal consultations to help guide you through the legal process as well as provide advice of the best course of action based on the viability and evidence available in your case.
Additionally, we can provide mediation services and negotiate with your landlord on your behalf giving you the peace of mind that the issue can be resolved amicably and away from the courts.
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