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Article: It has been a criminal offence since 1964 to harass or unlawfully
evict an occupier who is legally entitled to be on the premises.
This can include trespassers. The 1988 Housing Act extended the
offence of harassment, introducing a right to civil
action for damages by wrongfully evicted occupiers.
The Protection from Eviction Act 1977 defines harassment
as: any act(s) likely to interfere with the peace or
comfort of the residential occupier or any members of
his or her family, or the persistent withdrawal of
services reasonably needed for occupation.
Never be tempted to coerce or otherwise
pressurise tenant/s into leaving no matter how bad
they are. Particularly avoid personal
confrontations.
If you must visit tenants under strained
circumstances try always to take along an
independent witness. As a landlord you need to
psychologically write off any losses including loss of
rent and any damage which may be being done. The
penalties of being convicted of harassment and unlawful
eviction could be far far worse. Be particularly
careful where a tenant has left the property unoccupied
for extended periods. Although the agreement may
stipulate that the property must not be left unoccupied
beyond, say, 14 days, without informing the landlord,
you cannot assume that the tenant has left voluntarily.
Never be tempted to change the locks and remove tenants'
possessions in such circumstances. If you have handled
the tenancy application correctly you should always have
sufficient information to contact the tenant or a
relative. If the tenant appears to have abandoned the
property you should always obtain a court possession
order before re-letting.
Landlord Guide
- Whilst in occupation and for the duration of the tenancy,
tenants have a "legal estate" in the property and a right to
treat the premises as their own, within the terms of the lease.
- Try not to visit without 48 hours advanced notice,
particularly when you need to inspect the premises or for
maintenance - telephone or write first and ask for the tenant's
permission.
- Never enter the tenant's premises without their knowledge or
permission, unless it's a dire emergency.
- Encourage tenants to report defects promptly and to allow
you access by always dealing with problems as quickly as you
can.
- If things go wrong, never try to use force or other means to
gain entry or try to evict a tenant - you must apply for a court
possession order giving specific grounds.
- If relations become strained, and even if rent is not being
paid, avoid visiting the premises personally, or take along a
witness to avoid being falsely accused of harassment.
- If you are being denied access for inspections, maintenance
or gas safety checks keep a record of your attempts at gaining
peaceable entry.
- Where the tenant appears to have abandoned the property
always obtain a court possession order before re-letting.
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