Doncaster Council

What is Harassment?

Harassment can include anything done by a landlord, their agent, or any other person acting on the owners behalf, which deliberately unsettles your home life in your accommodation. Some examples might be: -

• Threats, abuse or actual violence
• Threatening you if you refuse to leave the property.
• Cutting off or interfering with services, (water, gas or electricity supply)
• Entering your home without your permission
• Changing the locks or removing your belongings.
• Stopping you from having visitors to stay
• Sending in builders without notice or visiting at unsociable hours
• Harassment because of your age, race, gender or sexuality
• Constant telephone calls and/or text messages.            

The most common reason for harassment is that your landlord wants you to leave your home or wants to stop you doing something, such as complaining to the Council about the condition of the property, or you ask them to carry out repairs.

What is Illegal Eviction?

Illegal or unlawful eviction is when your landlord, your landlord’s agent, or someone acting on their behalf, unlawfully deprives you of all or part of your home or any other person forces you or attempts to force you to leave your accommodation without following the correct legal procedure and serving you with the proper notice. 

Eviction could be by force, by changing the locks while you are out or actions such as locking a toilet door or blocking access to a part of your home. Some examples might be: -

• changing the locks 
• moving into part of your home
• physically throwing you out
• stopping you from using part of your home            

Below are links to websites that may be helpful to you.

• Citizens Advice Bureau
• Legal Eviction advice from Shelter

How can your landlord legally evict you?

The procedure for your landlord to legally evict you will depend on the type of tenancy you have, but most people who rent their home can only be forced to leave by a court.  A landlord or their agent can usually only evict a tenant by giving them proper notice to leave and then applying for a Possession Order. The Court can refuse to grant a landlord a Possession Order and you may be able to stay in your home.

In some cases the landlord may only have to give you reasonable notice to leave and once the Notice has expired, then the tenant has no alternative but to leave. For example, if you moved into your accommodation after 15 January 1989 and your landlord lives in the property and you share the accommodation with the landlord or a member of their family. 

If you are in doubt of what notice you are entitled to and your landlord has asked you to leave, always seek advice before you leave.

Below are some links to organisations that you may find helpful.

Does your landlord have to give you notice?

In the majority of cases, most tenants are entitled to a written notice to leave a property even if your landlord did not give you a written agreement to live there in the first place. 

The main exception to this is if you are an excluded occupier. This will be the case if you share living accommodation such as a kitchen or bathroom with your landlord. In this case the landlord only has to ask you to leave verbally.

What happens after the notice ends?

Unless you are an excluded occupier, you don't have to leave until the landlord gets a possession order from the court. This means that if you can't leave when the notice ends you have a bit more time to find somewhere else to live. However, if your landlord ends up having to take you to court to make you leave you might have to pay their court costs (see below).

If you receive a letter from your landlord asking you to leave, seek advice immediately to check whether you will have to leave or not via the Homelessness Team who are situated at Kings Mews, East Laith Gate, Doncaster, tel 01302 862014 / 862015 / 862016.

You should find out whether you can do anything (such as pay off your rent arrears) to prevent your landlord evicting you. If you can do this you will not normally be expected to pay your landlord's court costs. Talk to an adviser, if you are thinking of staying after your notice ends.

Your landlord can apply to court for a possession order as soon as the notice ends. If this happens the court will contact you.

Will you have to pay court costs?

Your landlord has to pay money to the court to get a possession order. If your landlord has to take you to court to evict you it is likely that you will end up having to pay their costs. If you do not or cannot pay you might end up with a court debt.

What can you do if your landlord is harassing you?

There are steps you can take if you feel you are being harassed:

• Keep a diary of incidents including dates and times  with photographs. This will be evidence if you go to court. 
• Record details of any conversations you may have with your landlord or threats that he may have made
• Ask your landlord to put everything in writing. 
• Keep a copy of your tenancy agreement and any notices and letters that the landlord sends you
• Have someone else with you to witness meetings/dealings with your landlord. 
• Note the names and addresses of people involved including witnesses
• Form a tenants association with anyone else affected. 
• Contact us on 01302 737302. 
• Report incidents to the police and ensure they log your complaints. 
• If your landlord has a key for the accommodation you could change the locks, but please contact us on 01302 737302 for further advice prior to changing the locks.
• Seek assistance from a solicitor that specialises in housing law/tenancies.
• If all else fails, you can go to court for a remedy.            

What can you do in an emergency?

You should call the police immediately if you have been threatened or assaulted, if your property has been damaged or stolen, or if you have been locked out. Ask for a copy of the crime reference number. 

If police officers are called out, make a note of their names as well as the number that is on the left shoulder of their jackets.

What can the Council do?

• We can deal with harassment and illegal eviction cases. 
• We will try to stop the harassment and get you back into your home. 
• We will explain the law to your landlord. 
• If you have a case worth taking to court, we will help prepare and present your case. 
• We can arrange for your gas, water or electricity to be reconnected if your landlord has stopped the supply.             

The Protection from Eviction Act 1977 makes it a criminal offence for any person to evict a tenant without following the correct legal procedure. The Act also makes it a criminal offence for any landlord, agent or any person to harass a tenant with the aim of making them leave their home.

If you believe that you are being harassed or have been illegally evicted, please contact us on the above telephone number. We will investigate your complaint and advise of the action required, we may also try to resolve the dispute between you and your landlord if this seems appropriate.

Can I take any other legal action?

A solicitor may also help you take civil proceedings against your landlord. These can take place alongside any criminal proceedings. 

A solicitor can apply to the County Court for an order, called an injunction, to force your landlord to stop the harassment or to order them to let you back into your accommodation.

Compensation

You may be able to ask the County Court for compensation or ‘damages’ for harassment or illegal eviction.   

Compensation can be for:

• General damages
• Loss or damage to your property
• Physical injury, losing your home, general inconvenience and suffering
• Special damages. 
• For the value of items destroyed or damaged. For example, if your landlord threw away your clothing. 
• Aggravated damages, awarded if you have suffered very badly because of the treatment received. 
• Exemplary damages, awarded in particular circumstances, and only when the landlord’s actions are done for profit.

Can I contact a Solicitor?

You will be able to find a list of your local solicitors in the Yellow Pages or Thomson Directory. 

Also, we can provide you with a list of local solicitors dealing with housing law.

Will I get help with my legal expenses?

If you are on Income Support or Job Seekers Allowance you will usually be eligible for Legal Aid. People on low incomes may also be eligible for assistance with their legal expenses. 

Remember to always ask your solicitor if Legal Aid will cover your costs.

Relevant Legislation

There are three main pieces of legislation that deal with illegal eviction and harassment.

Protection from Eviction Act 1977 

The Protection from Eviction Act 1977 makes harassment and illegal eviction a criminal and civil offence. It covers residential occupation including:

• Owner occupiers. 
• Most tenants or licensees while the contract is still in force. 
• Members of your household as long as they continue to live in the home with you.             

The Act creates three criminal offences; unlawful eviction and two offences of harassment. The main difference between the harassment offences is that one can only be committed by your landlord or your landlord’s agent and the other can be committed by any person.

Unlawful eviction or a harassment offence can be tried in a Magistrates Court or the Crown Court. The maximum penalty in a Magistrates Court is six months in prison and/or a fine of not more than £5,000. In the Crown Court it is two years’ imprisonment and/or an unlimited fine.

Criminal Law Act 1977  

If you are not covered by the Protection from Eviction Act 1977, the other law that may be used to prevent a violent eviction is the Criminal Law Act 1977.

This is because if someone enters your home using or threatening to use violence they are committing a criminal offence.

These offences can only be tried at the Magistrates Court. The maximum penalty is six months in prison and/or a fine up to £5,000.

Protection from Harassment Act 1977    

The Protection from Harassment Act 1977 generally prohibits harassment. It creates four criminal offences:

• Harassment. 
• Someone putting another person in fear of violence. 
• Breaching a restraining order (an order that protects you from harassment or fear of violence). 
• Breach of an injunction (an injunction orders something to be done or not to be done).             

The maximum penalty in a Magistrates Court is six months in prison and/or a fine of not more than £5,000. In the Crown Court it is two years’ imprisonment and/or an unlimited fine.

For more information call us on the above telephone number or email us using the above link. 

Online Harassment and Illegal Eviction Form

Please use the online form below to report an instance of Harassment and/or Illegal Eviction:

eform: Report Harassment and Illegal Eviction