The tenant had found the landlord visiting the property without notice and using the bathroom. Upon the tenant asking the landlord to give the required 24-hour notice before visiting, the landlord served her with an illegal eviction notice and began harassing her. He threatened to remove the fridge, cancelled the cleaner who cleaned the communal areas in the property and changed the rules, so no pets were allowed in the property.
Bristol City Council used its prosecution powers to investigate under Protection from Eviction Act 1977 and secured a successful outcome.
Under ss1(3) and 1(3A) of the Protection from Eviction Act 1977 “harassment” is if your client is a residential occupier and someone either:
- behaves in a way that’s likely to interfere with the peace and comfort of your client
- persistently withholds or withdraws services which are necessary for your client to live in the property
In addition, the person harassing your client must be doing so with the intention of:
- making your client move out or not use part of the property – for example a garden or garage
- preventing your client from exercising their rights – for example intimidating them so they don’t go to court or to their local authority to get repairs done
Clients can pursue legal action to obtain an injunction to prevent the harassment or as in this case, report the landlord to the local authority and ask them to investigate.
You can read about the actions a client can take against a landlord that’s harassing them on AdviserNet.