Harassment and illegal eviction from your home is a criminal offence. Councils have powers to prosecute anyone considered to have committed this offence. If your landlord requires their property back, they must follow the correct legal procedure for your tenancy type. If you are threatened with harrassment or illegal eviction, contact us immediately for advice.
You can also find a lot of information on your rights, tenancy type, eviction notices and how to obtain legal advice on the Shelter website.
Even if a Court Order is not required, it is an offence, under the Criminal Law Act 1977, for a landlord or anyone else, to attempt to gain possession of a property through the use of physical force,violence, or threats of physical force or violence.
It is not an offence however, for a tenant who has been illegally evicted from his/her property to immediately break back into it (e.g. By breaking a window or forcing the door) to re-secure it, provided there is not anyone in the property who objects to his/her doing so. A tenant in this situation would have a defence against causing criminal damage under Section 6 (3) of the Criminal Law Act 1977.
Harassment
Harrassment in a housing context is a course of behaviour designed to force you out of the property without following the proper legal procedure. If you are experiencing harrassment, but the aim of the perpetrators behaviour is not to force you out of the property, that would be a Police matter.
Some examples could include
- messaging you very frequently asking you to leave
- interfering with essential services such as the gas, electricity or water supply, etc.
- threatening you or offering you money to leave.
- interfering with your possessions.
- entering your home when you are out or without your permission.
- preventing access to shared facilities such as the kitchen, bathroom, w.c. etc.
These are only a few examples. If you feel that you are being harassed in your home contact a Solicitor, Citizen's Advice Bureau or the Private Sector Housing Team.
Illegal eviction
For most tenancy types your landlord should serve you with a formal notice asking for you to move out by a specific date. If your landlord has not given you the correct paperwork or notice period, it will not be valid. The Housing Advice Team can check this for you. If your landlord attempts to force you from the property without following the right legal procedure or by changing the locks, they may have committed an illegal eviction.
If your landlord has issued you a 'logders agreement' or 'licence agreement' in an attempt to deprive you of your legal rights, but you are a tenant, they may commit the offence of illegal eviction by using the incorrect possession route.
What action you can take
- Evidence will be required to take legal action against your landlord or agent. Try to keep contact in writing such as emails rather than phone conversations, text messages and screenshots are also acceptable evidence.
- If your landlord is accessing the property without permission we would reccommend getting a doorbell camera, home security camera or webcams to gather evidence. A doorbell camera is a great deterrant.
- You are permitted to change the locks to the property, providing you do not damage the door in the process. The keys can then be returned to your landlord when you vacate or the original lock re-installed.
- Report your landlord to Private Sector Housing if you are concerned, we can offer you advice and contact the landlord to discuss their conduct.
- Contact Housing Advice if you are faced with homelessness or would like an eviction notice checked.
- In addition to (and separate from) any Council action, you may be able to take private civil action against your landlord under the Housing Act 1988. A Solicitor's help may be free if you qualify for legal aid. A list of local Solicitors should be available from your local Citizen's Advice.
Police Assistance
If your landlord or persons associated with your landlord are in attendance at your property, are engaging in a threatening manner, trying to gain entry or you have personal safety concerns, please contact Warwickshire Police on 999. Illegal eviction is not a civil matter and the landlord can be arrested under section24(1), Police and Criminal Evidence Act 1984 if the landlord is committing or are about to commit an offence. See Shelters website for more details
Legal Action
Your Solicitor can apply to the Court for an Order called an "Injunction". This can force the landlord to let you back into your home if you have been illegally evicted and/or stop any harassment you have been suffering.Your solicitor can also ask the Court to make your landlord pay compensation or damages to you.
A landlord risks possible imprisonment if he/she does not abide by the terms of the Injunction.
Important!
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, Citizen's Advice or the Council - contact details below.
Contact details
In the first instance please telephone 01926 456359 or report illegal eviction or harrassment via email to privatesectorhousing@warwickdc.gov.uk during office hours or 0300 303 5573 outside of normal office hours.
If you are facing homelessness or are undure if an eviction notice you have received is valid please phone 01925 456129 during office hours or 0300 303 5573 outside of normal office hours.