Harassment and Illegal Eviction

The Protection from Eviction Act 1977 states that unlawful eviction is where any person unlawfully deprives or attempts to deprive a residential occupier of his/her occupation of the premises without going through correct legal procedures.

The only defence a landlord has against a claim of illegal eviction is if they genuinely believed that the occupier had permanently left the property. If you intend to leave your property for a long period but you will be returning, it is important that you continue paying your rent and do not remove all your belongings.

Acts of illegal evictions include:

• changing locks when you are out
• being physically thrown out of all or part of your home
• physically stopping you from entering your home.

In most cases, the landlord must obtain a possession order from a county court after serving a valid Notice to Quit. If you receive a notice, you should not leave and/or give your keys back to your landlord. You do not have to leave when your notice expires. You should get legal advice on your rights, depending on the type of your tenancy.

Only the court can decide whether you have to leave the property. It will normally take several weeks before your case is decided in court. If the court grants possession to your landlord, you may have to pay their court costs.

Exceptions to the normal rules

Your landlord does not need to obtain a court possession order to evict you if:

• you have a resident landlord with whom you share facilities, like the kitchen and bathroom

• you are not paying any rent for your accommodation

In these cases, your landlord is only required to give you reasonable notice* to leave the property. Once the notice has elapsed, you then become a trespasser and your landlord can legally change the locks at the property.

It is an offence under the Criminal Law Act 1977 for the landlord to use violence, or threaten to use violence, in order to enter a property when someone inside is opposed to that entry.

*Reasonable notice is considered to be one rental period eg if you pay rent on a weekly basis you will only be entitled to one week's notice.

The Protetion from Harassment Act 1997 was created to give protection  against a wide range of anti-social behaviour. it is not restricted to the action of the landlords or their agents towards occupiers and their property.

The legal definition of harassment is when a landlord or landlord's agent:

• carries out acts which are likely to interfere with the peace and comfort of an occupier
• persistently withdraws or withholds services required by the occupier

It is an offence for a landlord to carry out the above acts if it causes the occupier to leave or stop them from exercising their rights to the property, eg if the landlord cuts off the electricity supply.

Harassment can take many forms, if proven, the following may be a criminal offence:

• disconnection of essential services such as electricity, gas or water
• removal of or interference with occupier's belongings
• preventing access to bathroom, kitchen or garden to which the occupier has shared or exclusive right
• entering an occupier's home without consent
• making threats to persuade an occupier to leave.

Options For Action

In almost every case, if a landlord or his agents commits an illegal eviction or harassment they have also committed a civil wrong under section 27 Housing Act 1988. In addition, under every tenancy agreement there is an implied obligation on the landlord that he/she must allow the tenant to use the premises peacefully, with a right to 'quiet enjoyment' of the premises. A landlord may be breaking the contract when anything is done which is an invasion of the tenant's rights to remain in possession undisturbed. Civil courts have also held that a landlord can be a trespasser on his own property if he enters the property unlawfully. Depending on the facts of the situation, there may be other possible civil solutions.

Civil courts can provide effective legal solutions for a residential occupier to obtain:

• an injunction ordering the landlord to allow you into your accommodation following an unlawful eviction and/or to prohibit a landlord's acts of harassment
• compensation or damage for loss or injury.

Your case may have to be taken to a court and in order to win, you will have to gather evidence to prove your case. We advise you to do the following:

• keep a daily record or notes of all events that take place.
• take photographs of anything that you think may support your case
• report events to the police or your local housing advisory service, an advice centre or your solicitor.
• ask the landlord to put all communication in writing and keep copies
• try to make sure that there is a witness present when you have any dealings with your landlord.

Help from the Council

The council's private sector housing department can help. If they cannot resolve the dispute with your landlord, they may be able to take the matter to court

For civil actions, housing advisors can also put you in touch with a solicitor. A solicitor can apply for an injunction requiring the landlord to let you back into your home, or to stop harassing you. Housing advisors can act as lay advocates in court and help you to obtain an injunction if appropriate.

In criminal cases, local authorities have the power to prosecute offending landlords. Any prosecution conducted by the council will not cost you anything but you will probably need to give evidence in court.

How the police can help

Incidents of harassment and illegal eviction should be reported to the police without delay. Take a note of the attending police officer's number and station telephone number so the council can obtain details from the police. Police officers can be vital witnesses at any court hearing. The police have the power to prosecute for the criminal offences of harassment and illegal eviction but they will normally expect your council to do so.

The police should prosecute if you have been assaulted or if the landlord has committed a criminal offence.

Problems at night or the weekend

You should contact the police immediately outside normal office hours. They should attend to prevent a breach of the peace and may try to get you back into your home.