If you are harassed by your Landlord or evicted without the due process of the courts your Landlord may have committed a criminal offence. You may be entitled to ask the Courts to reinstate you in your property or be applicable to receive civil damages. Landlords who commit acts of Harassment or Illegally Evict people could be liable if convicted to a large fine or imprisonment.
Harassment: Who is protected?
The law against harassment protects all residential occupiers. This covers the vast majority of people living in rented accommodation, including:
- All tenants and ex-tenants continuing to live in the property after the tenancy has ended.
- Licensees who have not been given reasonable notice by their Landlord.
- Licensees who have restricted contracts entered into on or after 28th November 1980, even if the Landlord has brought the Licence to an end.
- Service occupiers with exclusive possession, even after their contract of employment has ended.
- Rental purchasers.
The main categories of people not covered by the law against Harassment are:
- Licensees who do not come into one of the categories above.
- Squatters.
Illegal Eviction: Who is protected?
If your tenancy or licence began before 15th January 1989 and you are a residential occupier then you are protected by the law against illegal eviction. However if your tenancy or licence began on or after January 1989, or you have agreed a rent increase other than set by a Rent Officer or Rent Tribunal, and you come into one of the following categories, then you will not be protected by the law against illegal eviction. Those who are excluded from protection are
- People who share living accommodation with the Landlord or Landlords family.
- People who were originally squatters and who have been given a temporary licence of the property.
- People in a holiday letting.
- Licensees in a hostel provided by the Local Council, a Housing Association or some other public body.
- People living in rent free accommodation.
People in these circumstances are entitled only to notice from the Landlord before eviction. All other tenants and licensees remain protected from illegal eviction, regardless of when their tenancy or licence began.
Harassment and Illegal eviction is a serious matter and you should seek advice as soon as possible.
*Note this is a rough guide and individual cases may differ from those outlined above.
