People living in residential property are, to a certain extent, protected in the law against harassment and illegal eviction, as they are both criminal offences. The law applies not only to the acts of landlords but also to anybody acting on behalf of a landlord.

What is harassment?

Harassment has a broad meaning but it can include anything that prevents you living safely and peacefully in your home. As a tenant you have the legal right to "quiet enjoyment" of your accommodation, and anyone who interferes with this could be committing a criminal offence.

Harassment itself can take many forms:

  • Refusing to allow visitors
  • Threatening you verbally or with violence
  • Entering the property without sufficient notice or none at all
  • Racial or sexual harassment, or on the grounds of your sexuality
  • Cutting off your gas, electricity or water supply

What is illegal eviction?

This is what happens when a landlord or someone acting on her/his behalf, forces, or attempts to force you out of a property, without following the correct legal procedure. This means giving you a written "Notice to Quit" or a "Notice That you Must Leave". This can be done in a number of ways for example:

  • Changing the locks
  • Physically throwing you out
  • Removing your possessions from the property
  • Stopping you entering into part of your home

What can be done if you think that you are being harassed or illegally evicted?

  • Keep a diary detailing incidents / threats that have occurred, including dates and times
  • Try to ensure that all correspondence is in writing
  • Note the names and addresses of anyone who has been involved, especially those of any witnesses or police officers involved
  • Always retain copies of any contracts, receipts etc
  • If possible, try to have someone with you when dealing with the landlord, as they could act as a witness if needed
  • Contact the Students' Union Advice Service/ your local Housing Aid Centre/Citizen's Advice Bureau/ or your local council's Tenancy Relations Officer

Your local council has legal powers under the Protection from Eviction Act (1977) which covers both harassment and illegal eviction. Action can be taken by local councils to prosecute landlords for criminal offences. It is also possible for you, as a tenant, to take civil action through the courts. It is advisable to seek assistance from the above-mentioned organisations or from a solicitor who deals specifically in this field. The council also has the power to have your services reconnected if necessary. Always contact them if you are facing problems. If you are evicted out of office hours, contact the police immediately and ensure that an incident sheet is completed. If you are threatened it is always advisable that you seek proper help before you move out of your home as your landlord may be trying to mislead you by saying they know the law.

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