Unlawful Evictions
Introduction to Subject
There are strict rules surrounding how a landlord can end a tenancy agreement and how tenants should be treated if s/he wants them to leave.
Legislation
Unlawful Eviction
The Protection from Eviction Act 1977 makes it a criminal offence for any person to unlawfully deprive a 'residential occupier' of the right to occupation of the premises. This means that the only legal way you can evict a tenant is by obtaining a court order. Any term in the tenancy agreement that says otherwise will be void.
'Residential occupier' is defined in the Protection from Eviction Act 1977. It covers virtually everyone living in residential accommodation and will certainly cover all tenants who rent from private landlords.
The act does specify certain classes of occupier where this does not apply, in particular lodgers who share living accommodation with their landlords, but even here eviction must not involve any force.
The procedures for lawful eviction of tenants are laid out in the 'Ending a Tenancy' module. To lawfully evict a tenant you must first serve the appropriate Notice, then obtain a Possession Order from the Courts, that must only be enforced by the County Court Bailiff.
Harassment
It is a criminal offence under the Protection from Eviction Act 1977 for any person to harass a residential occupier in such a way that as a result they could be expected to give up their accommodation.
The key elements of harassment are defined as:
1. Acts likely to interfere with the peace and comfort of the Residential Occupier
OR
2. The persistent withdrawal of essential services
AND EITHER
1. Is committed by any person with the intention of causing the Residential Occupier to leave
OR
2. Is committed by any person with intent to stop the Residential Occupier pursuing their legal rights (for example, complaining about disrepair)
OR
3. Is committed by a Landlord or Agent who knows or has reasonable cause to believe that a likely result of their acts is that the Residential Occupier leaves, or causes them not to pursue their legal rights.
Common acts of harassment can include:
- threats of violence or unlawful eviction
- disconnecting gas, electricity or water
- deliberately disruptive repair works
- frequent visits, at unreasonable hours
- entering the property without the tenant's permission
What can happen?
Local authorities may prosecute landlords who harass tenants, or evict them unlawfully. If you receive a letter from your local authority regarding unlawful eviction or alleged harassment by you of one of your tenants, you should take it very seriously. Be very careful with your dealings with that tenant and keep a detailed record of all meetings and telephone conversations.
Tenants can also claim special and general damages through the civil courts against landlords who harass them which can be substantial and costly.
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