Harassment by a Landlord

It is generally illegal for a landlord to evict a tenant without a court order- which includes changing locks while the tenant is out, for example. There are a few situations where the tenant doesn't have this protection. The most common is where they share the living space with their landlord.

If you are a tenant who is being harassed, or you are facing illegal eviction by a private landlord, contact the tenancy relations officer at your local council (or whoever else there deals with harassment and illegal eviction). The council officer should try to stop the harassment and persuade the landlord to let you back into your home. If this fails, they can prosecute the landlord.

A tenant can also take action in the court themselves, though expert legal help is needed to do this. A tenant can apply for an injunction to stop the landlord harassing them or to let them return to their home. They should also be able to claim compensation. If the case is urgent, the tenant can get an emergency injunction before there is a fuller court hearing. The Protection from Harassment Act 1997 also offers protection against harassment by a landlord, even where they are not necessarily directly trying to evict a tenant.

.: Neighbour disputes.

If you are constantly disturbed by noisy neighbours, you should contact the environmental health officer at you local council. They can serve an 'abatement' notice or, in some cases, take away equipment (such as a stereo system). Or you can go to the county court to get an injunction to stop the noise. These procedures may also be used for some other kinds of nuisance.

In cases of harassment or anti-social behaviour by other tenants, you should tell your council or landlord. Some councils have mediation schemes to sort out disputes between neighbours. If the problem is serious, the landlord may take out an injunction to get the offenders to stop, or to evict them. Some councils and registered social landlords have their own policies to protect tenants who may be harassed because of their race or, sex or if they are lesbian or gay.

.: If you can't afford your rent.

If you have a low income, you may be able to get Housing Benefit, through your local council, to help you pay your rent. Your savings, as well as your income, will be used to work out whether you can get benefit, and if so, how much. Most people who can claim housing benefit can also claim Council Tax Benefit. Contact the Benefits Agency or your local Citizens Advice Bureau for more information about housing benefit and how to apply for it.

.: Letting to someone else.

Tenants may, in general, let a room in their home to a lodger, unless the tenancy agreement specifically says they can't, as long as the arrangement doesn't give them exclusive possession. The lodger would be classed as a licensee. But if they create a tenancy with the person, this is called subletting, and needs the landlord's permission. Most tenants are not allowed to sublet the whole of their home. If they do this, they risk eviction.