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ILLEGAL EVICTION

If you are experiencing any form of harassment, or if you are not sure whether your landlords behaviour constitutes harassment, contact The Advice Centre. We will be able to advise you on steps you can take. As a tenant you have certain security of tenure. In short this means you usually cannot be forced to leave your home without a court order (except in the case of some unprotected tenancies see SIAC for details).

Any attempt to evict you without such an order is illegal eviction and is a criminal offence. Illegal eviction may include:

  • Being physically thrown out of your home.
  • Your landlord changing the locks while you are out.
  • Your landlord denying you access to certain parts of your home.
    If you are threatened with violence or if you have been denied access to your home CALL THE POLICE. They can help you get in touch with a solicitor who can apply for an injunction to force your landlord to let you back into the property, or start civil proceedings so that you can claim compensation.

HARASSMENT

Your landlord is harassing you if his/her behaviour stops you having 'quiet enjoyment' in your home.

'Quiet enjoyment' is a legal term which means that you have a right to live comfortably in your own home without undue influence from your landlord. If your landlord harasses you they could they could be committing a criminal offence

As 'Quiet enjoyment' is a statutory requirement of the landlord, it does not have to be written into your contract to be binding on the landlord.

Harassment does not have to be extreme or intentional before you can do something about it, it can include subtle and indirect actions such as:

  • Being refused access to parts of your home.
  • Being prevented from having guests.
  • Visits without warning or late at night (your landlord has to give you 24hours, notice before visiting your home).
  • Entering your home when you are not there or without your permission.
  • Threatening eviction (the landlord does not have to attempt eviction to be harassing you, the threat is sufficient to constitute harassment).
  • Forcing you sign an agreement which reduces your rights.
  • Removing or restricting services such as hot water or heating, or failing to pay bills so services are cut off.
  • Allowing the property to fall into disrepair so you can't safely continue to live there.
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