Harassment & illegal eviction
A guide for landlords & tenants
This factsheet has been designed to be helpful to both
landlords and tenants to ensure that neither party breaks the law
by mistake.
Who is protected from illegal eviction?
Anyone who rents somewhere to live is likely to be protected by
the Protection from Eviction Act 1977. This means that they cannot
be made to leave their home without the proper legal process being
followed. In most cases this means the landlord must first get a
Court Order.
To force someone out of their home by any means other than with
a Court Order could be an illegal eviction, which is both a
criminal offence and a breach of civil law.
However, bailiffs authorised by a court warrant can use
reasonable force to evict.
What is harassment?
Harassment can take many forms and can include:
- Making threats to persuade a tenant to leave.
- Cutting off services such as gas, electricity or water.
- Preventing access to shared kitchens and bathrooms.
- Entering a tenants room without permission.
These and other acts, which are likely to put pressure on a
resident to leave their accommodation, could be harassment. This is
a criminal offence and a breach of civil law.
Who could break these laws?
The laws says that the landlord or any other person (such as the
agent, a relative of the landlord and in some cases another tenant
in the building) could have action taken against them for acts of
harassment or illegal eviction.
What action can be taken?
There are different ways of taking action over acts of
harassment and illegal eviction which can, if necessary, all be
used together.
- The Housing Advice Team can intervene to try to stop the
harassment taking place.
- Bath & North East Somerset Council has the power to
prosecute the person responsible in the criminal courts. A fine of
up to £5,000 or a prison sentence of up to two years can be ordered
on conviction.
- The Housing Standards Team can take action if repairs are
needed. They can also order a landlord to re-connect essential
services if these have been disconnected.
- Private solicitors can take action on behalf of tenants in the
civil courts for compensation (damages). An injunction can be
served to stop harassment or to order the landlord to allow an
illegally-evicted tenant to re-enter his/her accommodation. The
courts have powers to order very high levels of damages (as much as
£20,000 in some cases) if residents are prevented from living in
their accommodation. Legal Aid may be available to cover all or
part of the cost of legal action, depending on income or
savings.
- The police can take action where violence and assault, or
threats of violence, have taken place. The ‘theft’ of a resident’s
possessions may also lead to court action where tenants are evicted
by being locked out. The police should always be called to an
illegal eviction.
Know your rights and responsibilities.
Landlords
Your rights and responsibilities and also those of tenants are
usually set out in the tenancy agreement as well as being set out
by the law.
Remember, though, that a tenant’s rights under the Protection
from Eviction Act 1977 cannot be taken away by the wording of a
tenancy agreement.
There will be a correct legal process, depending on the type of
tenancy, for enforcing the agreement or for ending it with proper
notice, and for obtaining possession. In nearly all cases this will
involve a Court Order.
You should always seek legal advice if there is any doubt about
what action should be taken. The Housing Advice Team and other
advice agencies have information leaflets and can give general
advice about landlord and tenant legislation.
REMEMBER – DON’T RISK BREAKING THE LAW. ALWAYS GET
ADVICE |
Tenants
Information leaflets and advice about tenants rights and
responsibilities are available from the Housing Advice Team, Other
advice agencies and private solicitors. Students can also get
advice from their university or college accommodation and welfare
officers.
You should always take advice if you have been asked or told to
leave your accommodation.
If your landlord or agent or anyone else threatens eviction
without a Court Order or is harassing you – contact the Housing
Advice Team immediately.
REMEMBER – AS A TENANT YOU HAVE RIGHTS. ALWAYS GET
ADVICE |
Sources of useful advice and help
Bath & North East Somerset Council,
Housing Options and Homelessness Team,
Lewis House,
Manvers Street,
Bath.
Telephone number 01225 396296
Email address - Housing@Bathnes.gov.uk
Bath & North East Somerset Council,
Housing Standards Team,
Lewis House,
Manvers Street,
Bath.
Telephone number 01225 477000
Email address - Housing_regeneration@Bathnes.gov.uk
Citizens Advice Bureau,
2 Edgar Buildings,
Bath,
BA1 2EE
Telephone number 01225 463333
Web site address – http://www.citizensadvice.org.uk/
Citizens Advice Bureau,
The Town Hall,
The Island,
Midsomer Norton,
BA3 2HQ
Telephone number 01761 418599
Web site address – http://www.citizensadvice.org.uk/
Citizens Advice Bureau,
The Flat,
Town Hall,
Keynsham,
BS31 1EF
Telephone number 0117 9866196
Web site address – http://www.citizensadvice.org.uk/
Bath Police Station,
Manvers Street,
Bath.
Telephone number 01225 444343
Web site Address –www.avonandsomerset.police.uk/ or http://www.police.uk/
Radstock Police Station,
Wells Road,
Radstock.
Telephone number 01225 842666
Web site Address –www.avonandsomerset.police.uk/ or
http://www.police.uk/
Keynsham Police Station,
Bath Hill East,
Keynsham.
Telephone number 0117 9454766
Web site Address –www.avonandsomerset.police.uk/ or http://www.police.uk/
Swan Advice Network,
Leigh House,
1 Wells Hill,
Radstock,
Bath,
BA3 3RN
Telephone number 01761 432445
This information can be made available in a range of languages,
large print, Braille, on tape, electronic and accessible
formats. Contact the Information Officer on 01225 477983,
Minicom 01225 477043 or email information_officer@bathnes.gov.uk |
