Ceredigion County Council website

What is Harassment?

Harassment can take many forms and can include:

• Making threats to persuade a tenant to leave
• Cutting off or restricting essential services such as gas, electricity or water
• Interfering with the tenant’s post
• Frequent visits by the landlord or representatives to the property, particularly if these occur late at night or without warning
• Entering a tenant’s room or property without the tenant’s permission
• Preventing a tenant’s access to the property or part of the property
• Allowing the property to get into such a bad state of repair that it is dangerous to live in
• Physical violence against the tenant
• Discrimination because of gender, race, disability or sexuality

These and other acts likely to put pressure on a tenant to leave their accommodation could be harassment. This is a criminal offence and a breach of civil law.

What is Illegal Eviction?

Illegal eviction is the attempted or actual eviction without following the correct legal process. Common examples of this include where the locks are changed (without due process) preventing the tenant from gaining access or where a tenant is forced out by threats, intimidation or actual violence. Actions such as locking the toilet door or blocking access to a part of the building the tenant has a right to occupy also constitute illegal eviction.

Who could break these laws?

The law states that the landlord, their agent or any other person could have action taken against them for acts of harassment or illegal eviction, if it can be shown that s/he had an intent or had reasonable cause to believe that their actions were likely to cause an occupier to leave all or part of the property. Prosecution can arise if the act is carried out intentionally or recklessly.

What are the penalties for harassment and illegal eviction?

If a landlord has acted unlawfully, there are different ways in which action can be taken. These can, if necessary, all be taken together.

• The Local Authority or tenant’s representative could intervene to try to stop the harassment taking place
• The Local Authority has the power to prosecute the person responsible for the harassment and/or illegal eviction in the criminal courts. A substantial fine and/or a prison sentence of up to 2 years could be ordered on conviction
• The Local Authority’s Environmental Health Officers could take action if repairs are needed. They can also order a landlord to re-connect essential services if these have been disconnected
• Legal action could be taken on behalf of tenants in the County Court for compensation (damages). The tenant may be eligible for legal aid to fund the costs of legal action and the courts have powers to order very high levels of compensation. (Can be tens of thousands.) An injunction may be served to stop the harassment or to order the landlord to allow an illegally evicted tenant to re-enter the property
• The police can take action where violence or assault, or threats of violence, have taken place

It is clearly important for both landlord and tenant always to end a tenancy in the correct legal manner. There is advice and support available to landlords to help ensure that the correct procedures have been followed.

Who is protected from illegal eviction?

Most people living in rented accommodation are protected by the Protection from Eviction Act 1977. This means they cannot be made to leave their home without the proper legal process being followed. So in almost all cases a landlord must first give the correct notice to the tenant to leave (usually in writing and 2 months notice if the tenant has abided by the tenancy agreement). If the tenant decides not to leave at the end of this period the landlord must get a court order for possession. Note that as long as the correct procedure has been followed the court order will be granted to the landlord and the tenant may be liable for costs. If necessary, bailiffs authorised by a court warrant can use reasonable force to evict.

To force someone out of their home by any means other than with a court order could be an illegal eviction and subject to criminal investigation by the law enforcement agencies. This is both a criminal offence and a breach of civil law. Don’t risk breaking the law, always get advice.

There will usually be a way of ending a tenancy lawfully and regaining possession of the property. It is important for all parties that the tenancy is ended lawfully and ultimately it can be quicker for a landlord to regain possession of the property if the correct procedures are followed.

Where to get help and advice

• You can get advice on legal issues from a specialist housing solicitor or Citizens Advice
• You could consider joining a landlords’ association which will be able to give you advice on a wide range of issues including the correct way to serve notice and get a possession order from the courts
• Please contact the Housing Department, through My Account or Clic, to be able to give you some advice or tell you where you can get advice on ending a tenancy

If you want to end any tenancy (or licence) and get your property back, you must give your tenant notice of when you want the tenancy (or licence) to end and the latest date by which they must leave.

The type of notice and the time period you must allow will depend on the type of tenancy or whether it is a licence or not and on the reason for asking the tenant to leave.

For most tenancies, the notice you give must be in a particular form which includes certain information and warnings. This will usually have to be in writing. You can obtain a standard form of notice to quit from legal stationers.

You have an automatic right to possession at the end of an assured shorthold tenancy, as long as you have given your tenant the correct notice to quit, however, you will still need to go to Court for a possession order if the tenants do not want to leave.

Ending an assured shorthold tenancy

Once the fixed term has expired (usually 6 or 12 months, see the tenancy agreement) the landlord has an automatic right of possession without having to give any reasons. In order to obtain possession however the landlord must serve a Section 21 notice (Housing Act 1988), giving a minimum of 2 months notice (from next rent due date) to the tenant to vacate. You should seek legal advice about the correct procedure for this as an incorrectly served notice may delay your gaining possession. If your tenant leaves the property within the notice period, you can re-enter your property, and will not need to contact the courts for assistance.

If the notice period expires and your tenant has not left the property, you will need to start the process of eviction through the courts. You should not attempt to forcibly remove your tenant from your property. If the Courts see fit, they will arrange for the recovery of the property.

Ending an assured shorthold tenancy early

There are some circumstances where a landlord may be able to seek possession of the property before the fixed term comes to an end for example;

• The tenant is behind with the rent (must be an amount in accordance with Housing Act 1988)
• The tenant has caused damage to the property
• The landlord wishes to live in the property as his/her main home

There are a total of 17 grounds for ending a tenancy early. In order to obtain possession the landlord must serve a notice under Section 8 (Housing Act 1988). The notice to quit varies from 2 weeks to 2 months, depending on the reason for gaining possession. You should seek legal advice about the correct procedure for this as an incorrectly served notice may delay your gaining possession.
If your tenant leaves the property within the notice period, you can re-enter your property, and will not need to contact the courts for assistance.

If the notice period expires and your tenant has not left the property, you will need to start the process of eviction through the courts.

Ending a licence agreement

Your tenant may have a licence instead of tenancy. This would usually be where they are living in your home with you as a lodger and do not have exclusive access to their room. You can end a licence by serving a 'notice to quit'. The notice period will depend on the agreement, but often at least four weeks' notice is required.

If your tenant has an excluded tenancy or licence (for example if they live with you, or in a holiday letting or a hostel) you only need to give 'reasonable notice' which usually amounts to one rental period.

Harassment and Illegal eviction

If the correct procedures are not followed in order to gain possession of the property then you may be prosecuted for harassment and/ or illegal eviction. This can result in heavy fines and in some cases a jail sentence. Prosecutions can be criminal or civil cases and can be brought by the tenant or their representatives or by the Local Authority. For more information on what constitutes harassment please see our Protection from Harrassment/Illegal Eviction page.

Legal advice

It is always best to seek legal advice over the correct form to end any tenancy or licence agreement. This is because if the correct procedure and format is not followed then the notice may not legally stand and may be thrown out by the court if you have to apply for possession. This will result in you having to start over again with the proceedings and could delay things unnecessarily.