Unlawful Eviction and Harassment
Unlawful Eviction
The Protection from Eviction Act 1977 makes it a criminal offence for any person to unlawfully deprive a 'residential occupier' of their occupation of the premises. Unless the tenant agrees to vacate, the only legal way a landlord 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, including tenants who rent from a private landlord and any of their friends or visitors who have gained lawful access to the property. It is a common belief that this Act does not apply to licences, but in almost all cases, it does.
The Act specifies certain limited classes of the occupier, particularly lodgers who share living accommodation with their landlords, but eviction must not involve any force even here. If considering evicting a lodger, the landlord should still seek legal advice before evicting because getting it wrong could be a criminal offence.
The procedures for lawful eviction of tenants are set out in the various Housing and Rent Acts, as detailed above.
If a landlord commits an offence of securing entry by violence or unlawful eviction on or after 6 April 2017, in addition to any penalties that may arise from prosecution, a rent repayment order of up to 12 months rent is available upon application to the First-tier Tribunal by a local authority or tenant. The order is available whether or not the landlord has been convicted of the offence, but the tribunal must be satisfied beyond reasonable doubt that the offence has been committed.
Unlawful Harassment
Harassment is a criminal offence under the Protection from Harassment Act 1997. There is also a particular type of harassment relevant to residential premises. It is a criminal offence under the Protection from Eviction Act 1977 for any person to harass a residential occupier or any of their friends or visitors who have lawful access to the property so that they could be expected to give up their accommodation.
The critical elements of harassment are defined as:
Acts likely to interfere with the peace and comfort of the residential occupier or the persistent withdrawal of essential services and either is committed by any person to cause the residential occupier to leave or is committed by any person with the intent to stop the residential occupier from pursuing their legal rights (for example, complaining about disrepair) or, 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 will leave, or will not pursue their legal rights.
Typical actions of harassment include:
- threats of violence or unlawful eviction
- disconnecting gas, electricity or water
- breaking off the key in the lock
- deliberately disruptive repair works
- frequent visits at unreasonable hours
- entering the property without the tenant's permission.
Local authorities may prosecute landlords who harass tenants. If a landlord receives a letter from their local authority regarding alleged harassment against the tenant or any of their friends or visitors who have lawful access to the property, the landlord should take this very seriously. Be very careful in dealings with that tenant and keep a detailed record of all meetings and telephone conversations. A landlord should follow any advice given to them by the council officer, and they should also seek immediate advice from a solicitor experienced in landlord and tenant law.
A landlord or agent can be prosecuted in the Magistrate's Court, or a case may be transferred to the Crown Court in severe cases. A penalty on conviction may include a fine and a term of imprisonment.
Tenants may also claim to the County Court for an injunction to reinstate them to the property and claim special and general damages that can amount to tens of thousands of pounds. In addition, the landlord may have to take action to terminate a new tenancy and pay further compensation if they have given the tenancy to a new tenant. If an injunction is granted to reinstate a tenant and the landlord fails to abide by the order, the court may commit the landlord to prison for contempt.
If a landlord commits an offence of harassment from 6 April 2017 and any penalties that may arise from prosecution, a rent repayment order of up to 12 months is available upon application to the First-tier Tribunal by a local authority or tenant. The order is available whether or not the landlord has been convicted of the offence, but the tribunal must be satisfied beyond reasonable doubt that the offence has been committed.