Harassment and Illegal Eviction in Private Rented Sector
The law protects people living in residential property against harassment and illegal eviction. It does this in two ways: by making harassment and illegal eviction a criminal offence, and by enabling someone who is harassed or illegally evicted to claim damages through the civil court.
Legislation
The Protection from Eviction Act 1977
The law makes it an offence to:
- do acts likely to interfere with the peace or comfort of a tenant or anyone living with him or her; or
- persistently withdraw or withhold services for which the tenant has a reasonable need to live in the premises as a home.
It is an offence to do any of the things described above intending, knowing, or having reasonable cause to believe, that they would cause the tenant to leave their home, or stop using part of it, or stop doing the things a tenant should normally expect to be able to do. It is also an offence to take someone's home away from him or her unlawfully.
The precise offences are set out in the Protection from Eviction Act 1977, which has been made stronger by the Housing Act 1988.
A person who is convicted by magistrates of an offence under the Act may have to pay a maximum fine of £5,000, or be sent to prison for six months, or both. If the case goes to the Crown Court, the punishment can be prison for up to two years, or a fine, or both.
Where should I go for advice?
Tenants
A tenant living in Tameside who believes that an act or omission of the landlord's is being done so as to stop the tenant enjoying, or drive him or her out of the property, should contact
- Housing Options Centre in Warrington Street, Ashton-under-Lyne. 0161 331 2700. Further information is available by following this link: Housing Options.
Alternatively, the tenant should seek advice from the
- Citizens Advice Bureau 9 George Street, Ashton-under-Lyne, telephone 0161 330 2156. Further information is available by following this link Citizens Advice
- A solicitor.
If physical violence is involved tenants should contact the police.
Tameside MBC has the power to start legal proceedings for offences of harassment and illegal eviction under the Protection from
Eviction Act. If the evidence justifies it, they can carry out an investigation and prosecute if they believe an offence has been committed.
Further information may be obtained from the Governments web page: GOV.UK: Protection against harassment and illegal eviction: guidance
Landlords
A Tameside landlord who is unsure of the law and wants to use the best practices in managing their tenancies can
- Contact the Housing Standards Team, Council Offices, Wellington Road, Ashton-under-Lyne, telephone 0161 342 2387 or Send Us a Message
- Seek advice from their solicitor. If you are not represented The Law Society has a directory of solicitors
- Contact the Citizens Advice Bureau , 9 George Street, Ashton-under-Lyne, telephone 0161 330 2156, Citizens Advice
- Join a landlords' association for advice and more. Tameside MBC highly recommends that all landlords join a landlords association. The following operate in the Tameside area, although this list is not exclusive and other associations operate in the area.
Further information may be obtained from the Department for Communities and Local Government on GOV.UK