Harassment and Illegal eviction

Harassment and illegal eviction from your home are both a criminal and civil offence and the Council has the power to prosecute anyone considered to have committed one or both of these offences.

If you are living in rented accommodation and the landlord or landlord's agent want you to leave the property, they must follow the legal procedures.

It is an offence, under the Criminal Law Act 1977, for anyone to attempt to gain possession of the property through the use of physical force or violence or through threatening to use physical force or violence.

If your landlord claims to know the law and tells you that you must leave, do not go without first getting advice from a Solicitor, the Council, Citizens Advice Bureau or other independent advisors.

Harassment

If the landlord or agent, act in such a manner, which interferes with the peace or comfort in your home, or if your landlord persistently withdraws or withholds services, which you reasonably require for the occupation of the property, then this is harassment.

These acts must however, be deliberate in that they are intended to cause you to leave the property, or to stop you using part of the property and to stop you using your rights in respect of the property, for example, your right to enforce repairs.

Examples of harassment include cutting off electricity or water supplies to your home and entering your accommodation without your permission. Threatening you or offering you money to leave. Interfering with your possessions. Preventing your access to shared facilities, ie, the kitchen or bathroom.

Eviction

If you have been forced or locked out of your property permanently, or excluded temporarily, by your landlord and the proper legal procedures have not been adhered to, then this is an 'illegal eviction'.

If you are the victim of an illegal eviction or harassment you should seek advice immediately, either from a Solicitor or at the Housing Offices.

The remedies for harassment and illegal eviction can include damages and an injunction to get you back into your home.

You may be eligible for advice and assistance, and legal aid from a solicitor, depending on your circumstances.