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Harassment and illegal evictions
The law protects people living in residential property against
harassment and illegal eviction by:
- making harassment and illegal eviction a criminal offence;
- enabling someone who is harassed or illegally evicted to claim
damages through the civil courts.
Download Medway's draft
Illegal
eviction and harassment policy (pdf 112KB). To use this file
you will need Adobe Acrobat Reader. If you do not have it on your
computer, please use our advice page. The public consultation period for
this ended on Wednesday, 2 June 2010.
Communities and Local Government publishes a booklet titled
My Landlord Wants Me Out (www.communities.gov.uk/documents/housing/pdf/138298.pdf)
which covers this in more detail and explains about
compensation.
What is harassment?
This page deals only with harassment that is intended to drive
somebody out of their home. Even in this context, harassment is a
very broad term, used loosely to cover a wide range of activities.
It can take many forms short of physical violence. It may not
always be obvious to outsiders that a particular sort of activity
is intended to drive the tenant from their property.
On the other hand, there maybe cases where a landlord has good
reasons for doing things that could be interpreted as harassment.
There are defences in the Protection from Eviction Act
1977 (www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1977/cukpga_19770043_en_1)
and the Housing Act 2004 (www.opsi.gov.uk/ACTS/acts2004/ukpga_20040034_en_1)
for landlords who have good reasons for acting in a particular way
or for thinking that the tenant had left the property. A landlord,
his or her agent or someone who may or may not be connected with
either of them, may do things that are distressing to the tenant
and undermine their sense of security. These activities may or may
not amount to harassment as the courts would interpret it. On the
other hand, the landlord may fail to do certain things that are
supposed to be done under the tenancy agreement, either willfully,
because he or she wants the tenant to leave, or from simple
neglect. This neglect might also prevent the tenant from enjoying
his or her home. There are things the tenant can do in a wide range
of circumstances, some of which are outlined below.
Is this harassment?
- Withdrawal of services
For example, there is no electricity because the landlord has not
paid the bill or has disconnected the supply. A landlord may be
guilty of an offence if he or she persistently withdraws or
withholds services that are necessary for the tenant to be able to
live in the property. Where a landlord is bound under the tenancy
agreement to pay for electricity, gas and water supplies and these
are cut off because the bills have not been paid, the council has
powers to restore the supplies and charge the cost of reconnection
to the landlord.
- Withholding keys
For example, there is only one key to the property and the landlord
will not issue another one. This is awkward, as there are two (or
more) tenants. A landlord may, in the interests of security, want
to restrict the number of keys he or she issues to occupiers of the
property and may only issue licensed keys which have a serial
number and cannot be copied. In certain circumstances, not
supplying a key may constitute harassment. If the absence of a key
causes intolerable difficulties and normal negotiation with the
landlord fails to obtain one, the tenant should take legal
advice.
Anti-social behaviour by a landlord’s agent
For example, a person who is a friend of the landlord has moved
in next door and is making life unpleasant for the other
tenants.
Life may be made intolerable for other tenants by a tenant who
indulges in anti-social behaviour, for example by making excessive
noise late at night. There may be reasons for believing that the
disruptive tenant is an agent of the landlord and that his or her
behaviour is intended to drive the other tenants out. The tenants
should check whether their tenancy agreements bind the landlord to
get all tenants to behave in a tenant-like manner.
Failure to carry out repairs
For example, the landlord has neglected the property so badly
that he or she seems to want to drive the tenants out by letting
the place fall to rack and ruin.
In the case of most short leases, the landlord is responsible
under the Landlord and Tenant Act 1985 (www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1985/cukpga_19850070_en_1)
for keeping in repair the:
- structure and exterior of the home, including the drains,
gutters and external pipes;
- installations for the supply of water, gas; and electricity and
sanitation, which he or she must keep in proper working order;
- installations in the home for space heating and water
heating.
The landlord is not liable for repairs that have been made
necessary because the tenant has misused the property or
installations. Sometimes the landlord is not responsible because he
or she does not own a particular part of the property or cannot get
access. A landlord’s failure to carry out repairs may have a
reasonable explanation. For example, he or she may genuinely not
think that the repairs are necessary or may be too ill to carry
them out. Where the tenant has made reasonable approaches to the
landlord and the landlord has failed to carry out the repairs, the
tenant may wish to take matters further. The council has powers to
oblige a landlord to carry out repairs. These powers apply to major
repairs and minor but significant repairs which could, for example,
present difficulties for a tenant who is elderly or disabled.
The council may serve a notice on a landlord requiring him or
her to carry out the necessary repair or works. If the landlord
then fails to do so, the council may carry out the works itself. If
a landlord is taken to court for refusing to comply with a repairs
notice served on him or her by the council, it is not necessary to
name the person who complained originally. The tenant could, of
course, also start his or her own court proceedings. In the past it
has been possible for a landlord to delay completing repairs in the
knowledge that the inconvenience of the work in progress may drive
the tenant out. Now the council can stipulate a start date and a
completion date for the required work, so that they are completed
in a reasonable time.
A landlord normally has a right of access to the property to
carry out essential repairs. He or she should make arrangements
with the tenant to gain access at a convenient time. A landlord (or
builders acting on the landlord’s behalf) may start major works to
the property, whether or not they have been requested by the tenant
and leave them unfinished. This may mean that the disruption and
possibly the disconnection of services involved causes considerable
inconvenience to the tenant. Such failure to complete may not be
the landlord’s responsibility, however, and may be due to
circumstances beyond their control.
Threats and physical violence
If a landlord's language or physical behaviour towards the
tenant is threatening or violent the tenant should consult the
council or an advice
centre. The tenant should call the police where there is actual physical
assault. The abusive behaviour could be prolonged and systematic or
could consist of isolated incidents. Where it is sexually or
racially motivated, there may be grounds for action under
legislation dealing with sexual and racial harassment. Where the
harassment is so severe that it could cause the tenant to leave
home, there may be grounds for action under the Protection from
Eviction Act 1977.
The law makes it an offence to:
- act in a way likely to interfere with the peace or comfort of a
tenant or anyone living with him or her;
- persistently withdraw or withhold services for which the tenant
has a reasonable need to live in the premises as a home.
What is illegal eviction?
A landlord’s right to get his or her property back from a
residential tenant can normally only be enforced through the
courts. A landlord seeking possession from an assured or assured
shorthold tenant must tell that tenant of his or her intention to
start court proceedings by serving a notice of seeking possession
on the tenant. Depending on the grounds on which the landlord is
seeking possession, he or she may give no notice, two weeks' notice
or two months' notice, except in a few cases where the tenancy
agreement stipulates longer notice. A landlord seeking possession
from most other kinds of residential tenants or licensees must
serve a notice to quit giving at least four weeks’ notice. In
either case, the tenant is not required to leave the property until
the notice expires and even then may not be evicted without an
order of the court.
Can the landlord end the tenancy by refusing to accept the
rent?
A landlord should end a periodic tenancy in the ways described
above. Returning the rent to the tenant does not bring the
tenancy to an end. If a landlord does this, the tenant should keep
the rent, perhaps put it in a bank, building society or other safe
place and should keep a record of any correspondence concerning his
or her offer to pay the rent and the landlord’s refusal to accept
it. The tenant should continue to offer the rent and should seek
advice from a solicitor, housing aid centre or
Citizens
Advice Bureau.
What if the tenant does not want to go to court?
Where harassment is occurring as a result of a dispute between
landlord and tenant, it should not be necessary in all cases to
take the matter to court. There may be cases where the landlord is
willing to stop his or her objectionable activities after a letter
from the council or the tenant’s solicitors. Tenancy support
officers, who are employed by the council, try to resolve disputes
between landlords and tenants. Any housing advice centre or
Citizens Advice Bureau should also be able to give advice on
landlord and tenant issues. However, in the end, a tenant may find
it necessary to go to court to enforce his or her rights. This is
not necessarily as difficult or off-putting as the tenant might
imagine. The names of local solicitors who have experience in
landlord and tenant law may be available from the Citizens Advice
Bureau or other independent advice agencies. They will also be able
to advise the tenant whether he or she is eligible for legal
aid.
What should you do if you are being harassed by your landlord
or agent or may be illegally evicted from your rented
property?
You will need to phone the Housing Team on
01634 333600 or email housing@medway.gov.uk and find
out how she can help you.
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