Illegal evictions
Harassing tenants or attempting to force them out of a property without proper procedures is a crime. Local councils and the police can prosecute landlord harassment or illegal evictions.
In most cases, a landlord’s right to get their property back from a residential tenant can only be enforced through the courts.
For assured shorthold tenants, the landlord must tell the tenant of their intention to start court proceedings by serving a notice of seeking possession on the tenant. Tenants will, in most cases, have a notice period, and won’t have to leave the property until the notice expires – and even then may not be evicted without a court order.
Tenants may also have the right to claim damages through the courts if they have been evicted illegally. Examples of illegal eviction include:
- Not providing the required notice to vacate
- Changing locks without authorisation
- Eviction without a court order
Retaliatory evictions
If you’ve made a legitimate complaint to your landlord about the condition of their property, and instead of making the repair, they serve you with an eviction notice, this is a retaliatory eviction. Since 1 October 2015, there have been a number of provisions in the Deregulation Act 2015 to protect tenants against unfair evictions like this.
Notice periods
When serving a Section 21 notice, landlords must give tenants at least 2 months’ notice to leave the property. More information on this can be found here Shelter Section 21 eviction
What to do if your landlord refuses rent
In short, a landlord returning the rent to the tenant does not bring the tenancy to an end. If the landlord does this, the tenant should keep the rent in a safe place and keep a record of communication of the landlord’s refusal to accept rent.
If this continues, the tenant should continue to offer rent as per your tenancy agreement and seek advice from local authorities.
Taking action: reporting harassment
If you believe your landlord or letting agent is harassing you, maintain a record or diary of all incidents and keep copies of communications because this becomes potential evidence.
Remember, harassment is a criminal offence, so if you feel unsafe due to your landlord’s actions, contact the police immediately and get in touch with your local authority.
You can use this information as further guidance: Protection against landlord harassment and illegal eviction: guidance.
Enforcement outcomes
The Protection from Eviction Act 1977 and Housing and Planning Act 2016 empower local authorities to address landlord harassment. Consequences include:
- A fine
- Imprisonment for up to 2 years
Seeking compensation from landlord harassment or illegal eviction
If you’ve been harassed or illegally evicted from your home, you may go to county court to claim damages. The court may then award compensation based on the profit made by the landlord.
You may also have grounds for damages on other counts, depending on the nature of the case.
Despite the events that have caused you to leave your home, you may want to return home. You should keep in mind that if a landlord offers to let you return to your home before court proceedings, and you go back, you will not receive the damages under the 1988 Housing Act but may receive other potentially lower damages.
The court may also reduce the compensation if:
- It considers that the tenant’s behaviour, or the behaviour of anybody living with the tenant, justifies awarding less than the full damages.
- Or, it considers that, if the landlord did offer to let the tenant back into his or her home before the court proceedings began, it would have been reasonable for the tenant to accept that offer.
Housing Loss Prevention Advice Service (HLPAS)
Tenants who receive a written notice for possession (e.g. an email from a landlord or a letter from a creditor) are eligible to receive free legal assistance through the Government-funded Housing Loss Prevention Advice Service (HLPAS).
The service is provided in two stages. The first stage aims to resolve problems as early as possible and avoid court proceedings where possible. To do so, housing law experts will give legal advice on housing, welfare benefits and debt issues to individuals facing home possession proceedings.
The second stage will provide in-court legal representation during possession hearings for those individuals whose cases cannot be solved out of court.
You can find your nearest Housing Loss Prevention Advice Service provider by typing in their postcode and ticking the box ‘Housing Loss Prevention Advice Service’ on this page.
Or, you can read further information here.
Responding to landlord harassment
Before seeking compensation, you should seek advice first. So, if your landlord repeatedly makes unannounced visits or harasses you, reach out to your local council or Safe Suffolk Renters. In urgent cases, dial 999.
Remember, it is a good idea to keep a record of events and communications (including date and time, names and addresses of those involved and any witnesses). This will help your advisor, in turn, help you.
When to involve the police
If you’ve been harassed or illegally evicted, you should always tell the police. The police may be able to warn the landlord that they are breaking the law or prosecute them if your landlord has committed an assault or criminal damage.
You should keep a record of the names and numbers of police officers involved.
