Harassment and Illegal Eviction for Tenants

Tenants have more rights than a Licensee.

Key Elements of a Licencee:

Permission to occupy, it is only a personal right.

• A Licensee cannot be transferred to someone else.
• Licences exist in the Public and Private Sector. In the Public Sector they are issued under the Housing Act 1985 and have the same rights as a secure tenancy.

Some landlords may offer you a licence as opposed to a Tenancy Agreement. The Courts may decide that the other applies. There is no formal documentation to distinguish between the two. Even if you sign a document to say that you have a licence, it may be a tenancy. To be able to determine which it is, a Tenancy consists of four key elements:

• Identifiable Parties - there must be two parties, a landlord and a tenant.
• Identifiable Premises - does not have to constitute an entire dwelling, it can be as small as a single room.
• Definite Period - fixed or periodic term.
• Exclusive Possession - tenant/ tenants have the right to exclusive possession to exclude everyone including the landlord.

Providing the contract given to you has all of these components you have a Tenancy, even if the document you originally signed states "Licence".

(Content applies to England)

All landlords have to follow special legal procedures in order to evict tenants. There are laws to protect you. Whether or not your landlord can evict you and how the process works will depend on the type of tenancy you have. If your landlord doesn't follow the right procedure, s/he may be committing a criminal offence.
It's never too late to get help, but the sooner you do so the better.

Are you having serious problems with a landlord?
If what they are doing counts as harassment or illegal eviction, they may be committing an offence and can be prosecuted
Private landlords usually have to follow special legal procedures in order to evict tenants. They sometimes need a particular legal reason to evict tenants but in many cases they don't. Whether your landlord can evict you and how depends on the type of tenancy you have.
If you have received legal papers or your landlord has told you to leave, you should contact an adviser to see if there's anything you can do to keep your home.

Does my landlord have to give me a notice?
Most tenants are entitled to a written notice to leave a property even if your landlord did not give you a written agreement to live there in the first place. The main exception to this is if you are an excluded occupier. This will be the case if you share living accommodation such as a kitchen or bathroom with your landlord. In this case the landlord only has to ask you to leave verbally.

What does the notice have to include?
The information that has to be included in the notice varies depending on the type of tenancy you have. The information that is usually required includes:

• your name and address
• your landlord's name and address
• the date you have to leave
• the reason your landlord is evicting you (if required)
• information about where you can get advice.

When can my landlord give me notice?
When you can be given the notice depends on the reason your landlord is evicting you and the type of tenancy you have. If you have a fixed term tenancy your landlord can only give you notice during the fixed term if:
• there is a reason (or 'ground') to evict you, or
• the notice does not expire until after the fixed term has ended,   or
• there is a 'break clause' in your tenancy agreement. If you have a periodic tenancy your landlord can give you notice any time as long as the notice:
• is for the correct length of time
• contains any other information which may be required depending on what sort of tenancy you have.

When do I have to leave?
The notice must specify a date by which your landlord wants you to leave. There are rules about the earliest this date can be. These depend on the type of tenancy you have and the reason why your landlord is evicting you. You can leave on this date or if you have not got anywhere else to go you can stay until your landlord gets a possession order from the court.

Occupiers with basic protection
If you are an occupier with basic protection the length of notice your landlord must give depends on how often you pay your rent.
If you pay rent weekly you must be given four weeks' notice.
If you pay monthly you must be given one months' notice.
If you pay rent quarterly you must be given three months' notice.
The notice must also:
• end on a day that your rent is due
• explain your landlord must get a court order before you have to leave
• contain information about where you can get advice.

Excluded occupiers

Excluded occupiers (such as people who share facilities with their landlord) are not entitled to written notice. If you are an excluded occupier, you are only entitled to 'reasonable' notice. This can be verbal.

What happens after the notice ends?

Unless you are an excluded occupier you don't have to leave until the landlord gets a possession order from the court. This means that if you can't leave when the notice ends you have a bit more time to find somewhere else to live. If your landlord ends up having to take you to court to make you leave you might have to pay their court costs (see below).

If you receive a letter from your landlord asking you to leave, get advice immediately to check whether you will have to leave or not. You should find out whether you can do anything (such as pay off your rent arrears) to prevent your landlord evicting you. If you can do this you will not normally be expected to pay your landlord's court costs.

Talk to an adviser if you are thinking of staying after your notice ends. Your landlord can apply to court for a possession order as soon as the notice ends. If this happens the court will contact you.  Unless you are an excluded occupier you don't have to leave until the landlord gets a possession order from the court. This means that if you can't leave when the notice ends you have a bit more time to find somewhere else to live. If your landlord ends up having to take you to court to make you leave you might have to pay their court costs (see below). If you receive a letter from your landlord asking you to leave, get advice immediately to check whether you will have to leave or not. You should find out whether you can do anything (such as pay off your rent arrears) to prevent your landlord evicting you. If you can do this you will not normally be expected to pay your landlord's court costs. Talk to an adviser if you are thinking of staying after your notice ends.

Your landlord can apply to court for a possession order as soon as the notice ends. If this happens the court will contact you.

(Content applies to England)

An illegal eviction takes place if your landlord makes you leave your home without following the proper legal process. It is a serious criminal offence.

Can a landlord do what he/ she likes?
No! There are certain actions that nearly always count as illegal eviction. Your landlord may be committing an offence if s/he:

• changes the locks while you are out
• threatens you or forces you to leave
• physically throws you out
• stops you from getting into certain parts of your home. Your landlord can legally evict you only by following the correct procedure, which varies depending on the type of agreement you have.

What if my landlord is violent?
The proper procedure for evicting you depends on the type of agreement you have with your landlord, and the reasons why s/he wants you to leave. In most cases, this will usually involve giving you notice and getting a court order. But if you live with your landlord or a member of your landlord's family, the rules may be different. The only person who is legally allowed to physically remove you from your home is a court bailiff.

What if I live with my landlord?
If you live with your landlord in her/his home (for example, if you are a lodger), you are only entitled to reasonable notice before you have to leave. This notice can be given verbally, and should be equal to your rental period (for example, a week, if you pay your rent weekly) unless you have agreed to a different notice period in advance. It can be difficult to enforce your right to a minimum notice period but it is illegal for your landlord to use violence to get you to leave. If this happens, call the police.

What if I don't live with my landlord?

If you don't live with your landlord, you can normally be evicted only if your landlord follows a special legal procedure and gets a court order. However, in a small number of situations, people who don't live with their landlord can be evicted without one. This could be the case if:

• you live in the same building as your landlord and you share living space (including a bathroom, or kitchen) with a member of her/his family
• you moved in as a squatter, even if you've since been allowed to stay
• you don't pay rent (and, if your home comes with your job, you don't give your landlord/employer the equivalent money's worth in unpaid work)
• you live in a hostel or other temporary accommodation
• your landlord is having her/his home repossessed by his/her mortgage lender.

If you are in one of these situations and your landlord is evicting you, get advice. If none of the situations above applies to you, your landlord should begin by giving you notice that s/he wants you to leave. This might be called either a notice to quit, or a notice of seeking possession. If you receive one of these notices and you do not want to leave, you should get advice immediately.

Depending on the type of agreement you have, the reason for the eviction, and the type of notice you are entitled to, you should get either:
• two weeks' or two months' notice of seeking possession, or
• a minimum of four weeks' notice to quit.

After your notice period has finished, if your landlord would like you to go, s/he has to apply to the court for a possession order. If you don't leave on the day the court says you should, your landlord must return to the court and ask for a bailiff's warrant. If you remain in your home after the end of your notice period, you may be liable for the court costs that your landlord has to pay to get the possession order and bailiff's warrant.
If at any point in this process, your landlord forces you to leave before the bailiffs arrive then you have been illegally evicted.

What if the Council is my landlord?
The council has the same responsibility as all landlords to follow the legal procedure for evicting you. The correct rules have to be followed. If the council is evicting you, get independent advice immediately. If you feel you have been treated badly, you may be able to complain to the local government ombudsman.

What if the problem isn't my landlord?
If you believe that the person causing problems is acting on behalf of your landlord (for example, if it's a friend of your landlord or someone s/he deliberately moved in to make life difficult for you) many of the rules on harassment and illegal eviction still apply. You may be able to take action against both your landlord and the person harassing you, but you will need advice first. If the person harassing you is not acting on behalf of your landlord, you may be able to sort things out in other ways.

What can I do if I have been illegally evicted?

If you are evicted illegally, you may be able to:

• get help from the council - they may be able to help you negotiate with your landlord and, in extreme circumstances, they may prosecute landlords

• force your way back into the property (as long as it's safe and legal to do so)

• take your landlord to court - you may be able to get an injunction allowing you back into your home, or to claim compensation if you've lost out financially.

How can an adviser help me?

If you have been evicted and are not sure of your rights, get advice immediately. An adviser should be able to:

• tell you whether you have any chance of getting back into your home or reclaiming your belongings and, if so, help you to do so
• help you find somewhere else to live
• help you take court action against your landlord. Many illegal evictions take place after office hours so it can be difficult to get help.

Call the police and the person at the council who deals with harassment and illegal eviction (sometimes called a tenancy relations officer). The council may have an emergency phone number.

If you have problems getting help after hours, call Shelter's free national helpline. 0808 800 4444

Shelter email: info@shelter.org.uk

Website: www.shelter.org.uk

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