Private renting: illegal eviction, retaliatory eviction and harassment

You are entitled to live in your property without fear and free from harassment. This is referred to as 'quiet enjoyment' in law.

If your landlord is harassing you or tries to force you to leave your accommodation, this is against the law and could be a criminal offence.

Illegal eviction

If you are unable to gain access or return to your home (for example, because your landlord has changed the locks) and the landlord does not have a court order to do so, they are illegally evicting you from the property. If this happens you should immediately contact the police and the council's Housing Options Team.

In an emergency or if you are threatened outside office hours, contact the police or our out of hours service on 01344 786543.

Revenge or retaliatory evictions

A revenge or retaliatory eviction is when a landlord tries to evict you after you report repairs or complain about conditions in your home.

This usually affects private tenants with an assured shorthold tenancy, as it's easier for landlords to take steps to evict them. Landlords are not permitted to evict you due to a disrepair complaint that you have reported to the council. Any notice (known as a section 21 notice) served by your landlord following a disrepair complaint could be invalid.

If you believe you are a victim of a retaliatory eviction, please contact our Housing Options Team for advice.

Harassment

Harassment can take many forms. If your landlord takes the following actions, this may constitute harassment:

interfering with your possessions
denying access to part of the property
cutting off services
entering your home without your consent
threatening violence
changing the locks
refusing to accept rent payments

Harassment in any form may constitute an offence under the Protection from Eviction Act 1977.

If you think you are being harassed by your landlord, contact our Housing Options team and ask to see a Housing Officer.

What we can do

If you can provide sufficient evidence that you are being harassed by your landlord, the council may be able to prosecute them on your behalf (if necessary).

The council may also be able to help you get an injunction to stop the harassment. If the council prosecutes your landlord under the Protection from Eviction Act 1977, you may also be able to sue your landlord for damages. If a prosecution against your landlord is successful, they may be fined or imprisoned.

Even if the council is unable to prosecute your landlord, you may still get help to resolve the dispute and prevent you from becoming homeless.

If your landlord is refusing to do essential repairs to your home the council may also be able to use its legal powers to get the repairs carried out for you. The council also has powers to get your power supply reconnected if it is cut off and can help improve the management of the property.

What you can do

If you are being harassed by your landlord there are several things that you can do that will make the chances of a prosecution more successful (if the difficulties cannot be resolved).

You should:

log all incidents - recording the date time, place, nature of the incident, who was present and what was said
ensure all communication with your landlord is in writing and that you keep copies of everything
make sure someone else is with you whenever you see your landlord
contact the council's Housing Options Team and ask to see a Housing Officer as soon as possible

Rent Repayment Orders (RROs)

Tenants can apply for a Rent Repayment Order (RRO) to reclaim up to 12 months of rent from a landlord who has exploited them.

You can make an RRO application for:

landlords illegally evicting or harassing people living in the property
landlords using violence to secure entry
failure to comply with a housing improvement notice or prohibition order

If you are a tenant and you would like to speak to an officer for advice on RROs or retaliatory evictions, please contact the Housing Options Team.