Private sector housing

Every tenancy agreement contains a "covenant of quiet enjoyment" – that is, every tenant has the right, not only to live in peace,but also to live in the property undisturbed.

If your landlord (or someone on your landlord’s behalf) does something that interferes with your ability to enjoy living in your home in peace that may be intended to make you to leave the property or take away your rights, he or she could be guilty of harassment.

You have the right to live without harassment from anyone, regardless of whether it is from your landlord (because they own the property) or someone acting on their behalf.

Some landlords harass their tenants because they want to evict them without following the proper court procedure of obtaining a possession order.

What constitutes harassment

What you should do if you believe you are suffering from harassment

What can be done if the harassment continues

What constitutes harassment

Many different actions could be considered to be harassment. Not all of them are as obvious as direct threats, so the following list of examples may be helpful.

If your landlord or someone acting on your landlord’s behalf:

• hassles you because of your gender, race or sexuality;
• blocks access to certain areas of your home (for example, the bathroom or kitchen);
• enters your home when you are not there or without permission;
• persistently removes or restricts access to essential services such as hot water, electricity, gas or heating or fails to pay the bills so that these services are cut off;
• forces you to sign an agreement which takes away your legal rights;
• stops you having guests to your home;
• intentionally moves in other tenants who cause a nuisance to you;
• interferes with your post;
• allows your home to fall into such a bad state that it is dangerous for you to stay;

then he or she may be guilty of harassment.

(Back to top)

What you should do if you believe you are suffering from harassment

In case it becomes necessary to involve the council or the police, it is advisable to:

• keep a diary of events and note the time, date, location and people involved in anything that happens, as well as writing a short description of the event;
• take photos of anything which would back up your story;
• report any harassment, violence or threats to the police immediately – police records could be drawn upon in court in support of your case;
• ask your landlord to put all communications with you in writing and ensure that you keep copies;
• report the events to the council using the details at the bottom of this page;
• have someone else with you when dealing with your landlord (or your landlord’s agent) to act as a witness.

(Back to top)

What can be done if the harassment continues

Your landlord may indicate or make you feel as if you have no choice but to leave the property. You do have a choice - harassment is a serious offence, potentially with both criminal and civil implications.

If discussions with your landlord fail to prevent the harassment or eviction, you may wish to pursue the remedies available through the courts. These might include:

• obtaining an injunction against your landlord to stop the harassing behaviour or to get you reinstated in the property and/or
• claiming compensation for the suffering you have undergone and/or
• prosecuting your landlord and/or applying for a warrant of arrest and/or
• asking the council to prosecute your landlord in the criminal courts.

This information is meant as general guidance and should not be followed without further legal advice which is specific to your situation.

Please contact your solicitor or use the contact details below for further advice.

^ (back to top)