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LANDLORDS HARASSMENT |
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> Advice to landlords about tenants harassment |
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Introduction
Tenants are protected by law against harassment by a landlord
or measures to evict them that have not been sanctioned by the courts. Landlords
who illegally harass their tenants could find themselves liable for either civil
or even criminal sanctions. Conviction of one of these offences is likely to
disqualify a Landlord from being considered a `fit and proper person' for the
purpose of accreditation or any future system of licensing.
The Protection from Eviction Act (1977)
This act imposes criminal penalties in cases of harassment and
unlawful eviction.
It is an offence to evict a residential occupier without a
court order unless it is reasonably believed that he no longer lives on the
premises. Non-payment of rent may not be considered as reasonable proof, neither
is absence from the premises (nor even both together)
Actions by landlords, which would amount to harassment,
include the following:
· Removing doors and windows
· Changing the locks
· Disconnecting services etc
· Threats of violence
Section 1 (3A) of the act states `it is an offence for a
landlord to commit acts likely to interfere with the peace and comfort of a
residential occupier, or to withhold services required for the occupation of the
premises, if he knows or has reasonable cause to believe that such conduct is
likely to cause the residential occupier to give up occupation of the premises'.
There is no requirement to prove that the landlord intended
the occupier to leave.
Local authorities will normally bring actions under this act
and if found guilty, a landlord may be imprisoned, fined and compensation may
also be given to the tenant.
The Criminal Law Act (1977)
Under section 6(2) of this act it is an offence for anyone
`without lawful authority' to use, or threaten to use, violence to gain entry to
a property where someone is trying to prevent him from doing so.
The police will normally prosecute a landlord under the
Criminal Law Act. However criminal courts are not empowered to order a landlord
to allow tenants back into a property.
Civil Proceedings
This course of action is more suited to tenants who may need
an injunction to restrain a landlord or to regain possession of a property.
Damages and injunctions are available only in civil
proceedings in the county court. To bring proceedings, a `cause of action' is
necessary which means that a landlord must be shown to have broken some rule of
law by his actions and to have caused the tenant to suffer loss or harm because
of this.
The following lists some of the actions possible:
· Breach of the covenant for quiet enjoyment (most actions of harassment and unlawful eviction will breach this)
· Breach of contract in general (any other breach of the tenancy agreement)
· Trespass to land ((landlord enters premises without permission)
· Trespass to the person (e.g. assault/battery)
· Trespass to goods (damaging a tenant's goods/furniture etc.)
Remedies in Civil Proceedings
The basic remedy for breach of contract or tort will be damages, or compensation for loss. These damages can amount to considerable
sums of money.
An injunction may be granted to protect a tenant who
has either been unlawfully evicted or harassed by a landlord.
For actions under section 27 of the Housing Act (1988),
(where a landlord commits acts resulting in a tenant giving up a property)
section 28 requires that damages be assessed on the basis of the gain to the
landlord, in an attempt to prevent landlords from profiting from their actions.
If a tenant assaults a landlord, a reasonable reduction of
damages may be allowed against a landlord who has used unnecessary force in
return, thus `taking the law into his own hands'.
Civil Justice - Court Changes
As from 26 April 1999 certain changes to procedures
were introduced at county courts. All documents were changed and documents
printed prior to this date are now invalid and in no circumstances should be
used.
Claims in respect of harassment and illegal eviction have been
deemed not suitable for the small claims procedure. Claims up to £15,000 will
normally be referred to the new fast track procedure which aims to bring these
claims to trial within 30 weeks of being allocated with only a limited amount of
pre-trial preparation.
The costs awarded at trial (which will not normally exceed one
day) are fixed at no more than £750 for the advocate.
A claim exceeding £15,000 will normally be allocated to the
'multi-track' which is a more flexible procedure where costs are recovered on
the traditional standard or indemnity basis.
Nuisance
Noise
The problems of noise coming from an adjoining premise can
sometimes be easily overcome by talking to the persons(s) causing it who may not
be aware that they are causing a problem.
Sometimes an independent third party can intervene. Details
about services in your area can be obtained from Mediation UK (0117 904 6661)
However where informal action fails, action can be taken under
the Environmental Protection Act 1990 (as amended by
the Noise and Statutory Nuisance Act 1993)
Under sections 80 and 81 of the 1990 act, local authorities
have a duty to investigate complaints of noise from premises (land and
buildings) and vehicles, machinery or equipment in the street. Noise also
included vibration.
What measures can a local authority take?
They can serve an abatement notice imposing all or any
of the following requirements:
· Requiring the abatement of the nuisance or
prohibiting or restricting its occurrence or recurrence
· Requiring the execution of such works, and the
taking of such steps, as may be necessary for those purposes.
Notices are served upon the person responsible for the
nuisance or where the nuisance arises from any defect in the structural
character, on the owner of the premises.
It is also served on the owner of the premises where the
person responsible for the nuisance cannot be found.
You are allowed 21 days to appeal against the notice.
However if the offence is subsequently repeated without
reasonable defence, then that person shall then be found to be guilty. If it is
a tenant that is causing the nuisance, in this circumstance the Landlord may be
able to recover possession of the property under ground 14 of the
Housing Act 1996.
Abandonment of a Property
If you suspect that a tenant has abandoned a property, then
great care is needed to ensure that you follow the correct steps to establish
rightful possession. Too many landlords have entered properties, found them
empty, assumed that they have been abandoned only to find that the tenant
returns and takes action against them for illegal eviction.
Procedure for dealing with suspected abandonment:
1. Write a letter to the tenant asking them to contact
you within seven days. Hand deliver the letter (perhaps with an independent
witness present) or send it by registered post
2. Keep a copy of the letter in your document file for
that property noting the date and time (where possible) that it was delivered.
3. If the tenant replies, arrange to visit them and
ascertain whether they are occupying the property as their principal home
(particularly important if they are in receipt of housing benefit). Always
ensure that the Housing Benefit office is immediately notified of any change of
circumstance
4. If no contact is made by the tenant, arrange to
visit the property after seven days, preferably taking an independent witness
with you
5. Photograph all rooms and look for any signs of
abandonment e.g.
1. Unopened post by the door
2. Empty food cupboards and fridge (or rotting food)
3. Empty wardrobe
4. Personal goods / electrical items missing
All photographs should show address and date (including the front page of the
days newspaper is often used where a date cannot be set on a camera). Video
cameras are particularly useful as you can also use the audio function to
describe the signs of abandonment.
6. Also photograph any signs of damage
7. Speak to neighbours and ask if they have seen
either the tenant or anyone else either leaving or entering the property. Note
all information and store in the property file.
8. Leave a notice to quit at the property pinned to
the door (see section 6 of this handbook). A minimum of 4 weeks notice must be
given and the notice must expire on the correct day (i.e. the same date as the
tenancy commenced, the date on which the rent is paid on or the day before).
If nothing is heard from the tenant until the date that the
notice expires and the above procedure has been followed, then it is reasonable
for you to enter the property. If any of the tenant possessions are still in the
property, then it is advisable to store them for a further 3 months. |
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