Protection from eviction

Harassment

If your landlord does something that interferes with your ability to enjoy living in your home in peace and is intended to make you leave your home or take away your rights, without your landlord having to follow the proper legal procedures, s/he could be guilty of harassment. The fact that your landlord owns your home does not give him/her, or anyone acting on his/her behalf, a right to harass you.

Examples of harassment

• removing or restricting access to services such as gas, electricity or water
• visiting your home regularly without warning.
• threatening you
• entering your home when you are not there, without your permission
• allowing your property to get into such disrepair that its dangerous for you to stay in.
• forcing you to sign agreements which take away your legal rights
• preventing you from getting into your home

Harassment can be very distressing and might make you feel as though you have no choice other than to move out. This is not the case and harassment is in fact a serious criminal offence.

Illegal Eviction

An illegal eviction takes place if your landlord makes you leave your home without following the proper legal process. An illegal eviction is a criminal offence, examples of how a landlord may try to evict you include:

• changing the locks while you are out
• threatening you and forcing you to leave
• physically throwing you out
• stopping you from getting into certain parts of your home

We can help you take action to keep your home and if necessary prosecute anyone thought to have acted illegally.

The Council's Powers Under the Protection from Eviction Act, 1977

Harassment and illegal eviction as defined in the Protection from Eviction Act, 1977, are criminal offences.

The Council has a power to prosecute persons who commit offences. The Council's Housing Options Advisors investigate complaints and mediate between the parties wherever possible. The Council will consider bringing a prosecution where the evidence is sufficient to indicate the likelihood of a successful prosecution and where it is in the public interest.

The Council's Powers under the Landlord and Tenant Act, 1985, as amended

The Council has powers to prosecute landlords who fail to fulfil their obligations under the Landlord and Tenant Act, 1985, as amended.

Such matters include the failure of landlords to provide rent books and the failure of freeholders to give long leasehold tenants information concerning service charges and insurance.

Where a complaint is received the Council's Housing Options Advisors will endeavour to ensure that the required information is provided. However in the case of persistent failure to provide the information a prosecution will be considered.

The Council's Powers under Section 33 of the Local Government (Miscellaneous Provisions) Act, 1976

The Council has a power under Section 33 Local Government (Miscellaneous Provisions) Act, 1976, to make arrangements to secure the restoration or continuance of gas, water or electricity supplies for the benefit of residents (usually tenants) where the supplies have been, or are likely to be, cut off because of failure by the owner of the property to pay for the services.

The Council will consider making such arrangements only as a last resort for emergency cases and then only when young children or elderly persons are affected. When invoking its powers the Council will only make arrangements with the suppliers which do not involve financial liability falling upon the Council. In every case the Council will co-operate closely with the suppliers and wherever possible enlist the suppliers' support and assistance.

For further information please call 01225 776655 or e-mail homelessness@westwiltshire.gov.uk

In the unlikely event of you experiencing trouble with your landlord, West Wiltshire District Council may be able to help.