Dealing with harassment
Some private landlords deliberately put pressure on their tenants to get them to leave their home. As a private tenant you have legal rights which mean that you cannot be forced out of your home without your landlord first taking you to court.
If your landlord harasses you, locks you out, or evicts you without a court order, get advice straight away. Under certain tenancy agreements your landlord can evict you without a court order, but still they should not use force to do so.
What is harassment?
Harassment is anything deliberately done by your landlord, his agent or anybody acting on his behalf, which makes it difficult for you to enjoy living in your home. You have the right to live safely and peacefully in your home, this is known legally as "quiet enjoyment".
Harassment can happen in different ways - it can be subtle, it can be racial, sexual or based on religious beliefs, whatever form the harassment takes, it can be very frightening for the victim.
The types of harassment a landlord can resort to include:
- Cutting off your water, gas or electricity supply
- Threatening you to make you leave the property
- Refusing to let you into parts of your accommodation (such as a shared bathroom)
- Stopping you from having guests
- Interfering with your possessions or mail
- Entering your home without your permission (unless it is an emergency)
- Allowing your home to fall into a poor state of repair, so that it is dangerous or uncomfortable to live in
- Sending in builders at unsociable hours.
What is illegal eviction?
Before you can be made to leave your home your landlord has to serve you with a valid "Notice to Quit". After this, if you are still in the property they have to take you to court and obtain a court order for possession. If they evict you without following this procedure it would be illegal eviction.
Illegal eviction includes:
- Changing the locks while you are out so that you cannot get back in
- Physically throwing you and your belongings out onto the street
- Letting the property to someone else while you are away
However, your landlord does not have to go to court if:
- You share part of the living accommodation with them or a member of their family, such as the bathroom
- You occupy your accommodation as a holiday home
- You are in a hostel provided by the council or another public body
What the law says
The Protection from Eviction Act 1977 gives private tenants the rights against harassment and illegal eviction. Under this law it is a criminal offence for your landlord to harass you or evict you illegally.
The law gives you the right to take out a civil action against your landlord and to claim financial compensation if they evict you illegally.
It also gives the Council and the police the right to take criminal action against your landlord. If your landlord is found guilty of illegal eviction they can be fined or sent to prison.
What you can do
If you are being harassed, threatened with illegal eviction or have been illegally evicted:
Seek advice immediately with the Tenancy Relations Officers at Lambeth Housing Services Unit on 020 7926 4200.
They will try and resolve the dispute and advise you on what legal actions you could take. In some cases the Council can advise you to go to a private solicitor to obtain an injunction to get you back into your property, if you have been illegally evicted or forced to leave the property due to serious harassment. Where all else fails the Council will consider prosecution. The costs for this will be free to you. You will, however, be required to give evidence in court.