Harassment and illegal eviction are serious offences and local authorities have to power to prosecute for these offences. Some local authorities are more proactive in tackling these issues, but the consequences and penalties for these offences can be severe. You could go to prison for up to two years!

Illegal Eviction can be described as denying someone the right to live in his home without following the correct legal process. Physically preventing a tenant from going into his home or changing locks could land in you in court. The only defence you have to a charge of illegal eviction is that you had reasonable cause to believe that your tenant had stopped living in the property. Non-payment of rent on its own would not necessarily mean that you had reasonable cause to believe the tenant had gone. If in doubt, keep it legal and contact us for advice before taking any action.

Harassment can be described as any acts which interfere with your tenant’s right to live in the property in peace and undisturbed (“quiet enjoyment”). Typical examples of harassment include:

• Disconnection of supplies
• Entering your tenants home without his consent
• Making threats or putting pressure on your tenant to leave without following the correct legal process.

No matter how frustrated you get with your tenant , do not be tempted to take the law into your own hands. Ignorance of the law is no defence.

Furthermore, you need to be wary of any allegations your tenant may make about you. Whilst there are criminal penalties for illegal eviction and harassment, there are also civil penalties. We have come across tenants who make false allegations in order to launch a civil case for damages in the hope that the landlord will settle the claim out of court. If you receive any such communication from your tenant, their advisor or the local authority, get advice and get it quick.