What you can do
In almost every case, if a landlord or his agents commits an illegal eviction or harassment they have also committed a civil wrong under section 27 Housing Act 1988. In addition, under every tenancy agreement there is an implied obligation on the landlord that he/she must allow the tenant to use the premises peacefully, with a right to 'quiet enjoyment' of the premises. A landlord may be breaking the contract when anything is done which is an invasion of the tenant's rights to remain in possession undisturbed. Civil courts have also held that a landlord can be a trespasser on his own property if he enters the property unlawfully. Depending on the facts of the situation, there may be other possible civil solutions.
Civil courts can provide effective legal solutions for a residential occupier to obtain:
- an injunction ordering the landlord to allow you into your accommodation following an unlawful eviction and/or to prohibit a landlord's acts of harassment
- compensation or damage for loss or injury.
Your case may have to be taken to a court and in order to win,
you will have to gather evidence to prove your case. We advise you
to do the following:
- keep a daily record or notes of all events that take place.
- take photographs of anything that you think may support your case
- report events to the police or your local housing advisory service, an advice centre or your solicitor.
- ask the landlord to put all communication in writing and keep copies
- try to make sure that there is a witness present when you have any dealings with your landlord.