Harassment And Illegal Eviction

Quick Guide

There is never an excuse for your Landlord breaking the law, harassing you or illegally evicting you.

What is Harassment?

Harassment can take a number of different forms, for example:

• Removing or restricting access to services such as gas, electricity or water, including failing to pay the bills so that these services are cut off
• Visiting your home regularly without warning, especially late at night
• Interfering with your post
• Entering your home when you are not there, without your permission
• Allowing your home to get into such a state of repair that it’s dangerous for you to stay
• Intentionally moving in other tenants who cause a nuisance to you
• Refusing to let you into certain parts of your home (eg the kitchen or bathroom)
• Forcing you to sign agreements which take away your legal rights

Harassment can be very distressing and might make you feel as though you have no choice other than to move out. This is not the case – harassment is in fact a serious criminal offence.

Are you in rent arrears?

If you owe rent it may help to calm the situation down if you negotiate a way of paying back the money that you owe. Make sure that your Landlord has calculated correctly how much you owe before you agree a repayment plan - Wigan and Leigh Housing or the CAB can help you check this and may also be able to help you if you have other debts to repay. It is important that you agree to a repayment plan that you can realistically afford. If your Landlord wants you to leave becauseof your arrears, they have to follow the correct legal procedure.

Is the Landlord coming round to inspect the property too often?

Your Landlord can come into your home to inspect the property only at a time that is convenient to you, and should give you reasonable notice. Reasonable notice shouldn’t be less than 24 hours unless it is an emergency. They should not need to come round very often to inspect the property. If they are coming more often than you would like, or letting themselves in without your permission, it could be considered harassment.

Have you been away for a while?

If you go away for a long time without informing your Landlord, they may mistakenly think that you have abandoned your home and are not planning to return. You could avoid a misunderstanding by letting them know when you plan to be away for any length of time, explaining that you plan to return and making arrangements for the rent to be paid while you are away. If your Landlord has rented the property to someone else while you were away, or won’t let you back in for another reason, you should get in touch with the Housing Options Advice Centre immediately.

Is your landlord selling the property?

Unless you have agreed clearly in advance, they do not have the right to show people around your home without your permission. If you prefer not to allow this, your Landlord will have to wait until they have evicted you using the proper eviction procedures before showing potential buyers around.

Keeping records

Keep a record of what has been happening. This will be useful if you have to take further action at a later date. It could include:

• A diary of what is happening, including the time, date and place and a short description of what happened
• Photographs of any damage the Landlord has caused to the property or your belongings
• Short descriptions of any incidents by anyone who witnessed them Putting agreements in writing

It may also help to make all contact that you have with your Landlord more formal. This can protect you by giving you space to think about what it is you want to say or do. It can also give you evidence about what has happened in case of a dispute in the future. The following things may help:

• Communicate only in writing – keep copies of every letter that you send or receive from them
• If you have a conversation with them, follow it up with a letter confirming what was said and what was agreed

If you think that your Landlord is harassing you, then you could also:

• Write to your Landlord and tell her/him that if the harassment continues you may have to take legal action
• Have a friend with you whenever you have to deal with your Landlord in person

Getting back into the property

If you have been illegally evicted, you may have the right to re-enter your home, even if your Landlord has changed the locks. This is a complicated area of law, and it is vital that you are certain that you have these rights before taking any action otherwise, you might be committing a criminal offence. Make sure you contact the Housing Options Advice Centre before you take any action. If your Landlord has not rented your home out to someone else, you may be able to get the Court to order your Landlord to let you back into your home. In some cases, the Police may be willing to attend while you re-enter your home, to ensure there is not a breach of the peace. If your Landlord has illegally evicted you, and your belongings are still in your home, you have a right to get them back, even if you have rent arrears. If your Landlord keeps hold of your belongings and refuses to return them to you, this is an offence known as conversion and you may be able to take your Landlord to Court and get an injunction and/or claim damages.

Can Wigan Council help?

Wigan Council can help you if your Landlord is harassing you, or if you have been illegally evicted. Contact one of our advisors to see if they can help. We can mediate between you and your Landlord to try and sort the problem out. If you have been illegally evicted from your home, the Housing Advisor may contact your Landlord and try to negotiate a way for you to return home. Harassment and illegal eviction are both criminal offences and in some cases the Council may decide to prosecute the Landlord. This is quite rare and tends to be:

• When harassment has been very serious
• If you were evicted from a home where you had strong tenancy rights
• Where the Landlord is known to have behaved in this way with different tenants Contact the Housing Options Advice Centre for help with this.