Being a tenant can be a challenging experience, but it should never involve harassment by your landlord. Whether you're living in your own place or sharing with your landlord, your rights are essential, and we're here to help you understand them.
In this guide, we will explore:
What is harassment by a landlord?
Landlord harassment refers to any behaviour or actions by a landlord that make your life as a tenant unbearable, intimidating, or distressing. It can come in various forms, but it's important to know that it's illegal and you have rights that protect you.
What counts as harassment by a landlord?
Harassment is defined in the Protection from Eviction Act 1977. Within the Act, harassment includes any action that is likely to negatively affect the peace and comfort in your home.
It is a criminal offence if a landlord or agent behaves in a way that makes you give up your tenancy rights or leave the property before you legally have to.
Harassment by a landlord can include:
Landlords should not abuse their position or use intimidation tactics against tenants. It also counts as harassment if someone else acts on behalf of the landlord, such as a letting agent.
What are examples of landlord harassment?
Examples of landlord harassment can range from repeated unannounced visits, unwarranted eviction threats, or turning off essential utilities.
Verbal abuse, persistent demands for rent or other payments, or invading your privacy without permission are also forms of harassment.
Landlords must give tenants proper notice before entering the property for any reason, including inspections or repairs. This notice period is typically 24 hours but can be longer if specified in the tenancy agreement.
The specific behaviours that could count as harassment include:
Threatening to or changing the locks
Coming into your home without permission
Refusing to carry out necessary repairs
Removing or interfering with any of your belongings
Cutting off gas, water or electricity on more than one occasion and repeatedly
Demanding money that you don't owe or can't pay
Pressuring you to move out before your tenancy agreement ends
Opening, hiding or withholding your post
Displaying violent or intimidating language or behaviour
Discrimination and harassment based on disability, race, gender, age or religion is illegal. These are 'protected characteristics' under the Equality Act.
Tenant's right to quiet enjoyment
In the UK, tenants have a legal right to "quiet enjoyment" of their rented home. This means that your landlord cannot interfere with your use and enjoyment of the property, as long as you're meeting the terms of your tenancy agreement.
Harassment by landlord during eviction
If your landlord is trying to evict you, they must follow the proper legal procedures. Landlords can legally evict tenants who have an assured shorthold tenancy using a Section 21, a Section 8 notice, or both. A Section 8 notice should be given if a tenant has broken the terms of the tenancy.
However, they cannot resort to harassment or intimidation to force you out.
It is also illegal for landlords to resort to revenge eviction, sometimes known as retaliatory eviction. This is where you may have asked for repairs or complained about poor living conditions, and your landlord tries to evict you.
The Protection from Eviction Act 1977 clarifies that harassment doesn’t have to be just forcing tenants to leave the property. If a landlord withholds access to communal areas within the property, this would count as unlawful eviction and harassment.
Your landlord may be guilty of illegal eviction and harassment if you:
are not given the appropriate notice, as required by the landlord, for you to leave the property;
find the locks have been changed;
are evicted without a possession order;
If your landlord’s property is repossessed by their mortgage lender, the lender has to give you notice so you can find somewhere else to live.
Check out our illegal evictions guide for tenants to find out more. If you're facing an eviction, it's important to seek advice from a solicitor or a local housing authority.
Harassment by landlord due to rent arrears
If you fall behind on your rent, your landlord has the right to request payment, but they cannot harass you. Harassment by a landlord due to rent arrears is a serious issue and is illegal in the United Kingdom.
There are several legal aspects and protections in place to safeguard tenants from such behaviours.
The Protection from Eviction Act 1977 makes it illegal for a landlord to harass a tenant and force them out of the property due to rent arrears.
If a landlord tries to evict a tenant due to rent arrears without following the proper legal procedures, it's considered an illegal eviction. The landlord must obtain a court order for eviction, and they cannot take matters into their own hands by changing locks, removing belongings, or physically forcing the tenant out.
Harassment if you live with your landlord
Even if you live with your landlord, you still have rights. They cannot harass or intimidate you, and they must respect your privacy and peaceful enjoyment of the property.
In the context of living with your landlord, harassment can take various forms, such as:
Verbal Harassment: This can include the use of offensive language, insults, or derogatory comments directed towards you, which create a hostile atmosphere in your home.
Physical Harassment: Physical harassment may involve actions like unwanted touching, physical threats, or physical intimidation, which can be both emotionally and physically distressing.
Privacy Violation: Your landlord may not respect your privacy by entering your living space without proper notice, installing surveillance equipment without your consent, or going through your personal belongings.
Retaliation: If you assert your rights as a tenant (e.g., request repairs, demand that your legal rights be upheld), and your landlord responds with harassment or retaliatory actions, this can be considered harassment.
Discrimination: Harassment based on characteristics protected by fair housing laws, such as race, gender, religion, disability, or sexual orientation, is considered illegal.
Threats and Intimidation: Threatening or intimidating behavior, whether through words, actions, or gestures, can create a hostile environment.
If you are experiencing harassment from your landlord, it's essential to address the issue promptly.
You should document the harassment, keeping records of incidents, including dates, times, locations, and descriptions of what occurred.
Try communicating with your landlord by politely expressing your concerns and request that the harassment stops. Sometimes, they may not be aware of the impact of their actions.
Research your tenant rights and housing laws to understand your legal protections and remedies. Some areas and organisations offer mediation services to help landlords and tenants resolve disputes.
Can you report harassment by a landlord to the police?
Yes, you can and should report landlord harassment to the police. They can investigate and potentially take legal action against the landlord.
Depending on your specific situation, you can also report landlord harassment to your local council – especially if your landlord is violating their responsibilities and creating an unsafe or unhealthy environment.
Most local authorities have a team of people who can advise you, provide practical help, and even mediate between you and your landlord if this is an appropriate option.
How to complain about landlord harassment
To address landlord harassment, you should take the following steps:
1. Keep records
Document instances of harassment, including dates, times, and details of what happened.
2. Communicate
Politely inform your landlord that their behaviour is unacceptable and ask them to stop.
Get in touch with your local housing authority or council to report the harassment and seek assistance.
4. Seek legal advice
Consult with a landlord and tenant solicitor for guidance on your specific situation.
How to prove harassment by a landlord
Proving harassment can be challenging, but maintaining a record of incidents, collecting evidence (such as photos or witnesses), and keeping a journal of events can help strengthen your case if you need to take legal action.
The law and landlord harassment
The Protection from Eviction Act 1977 in the UK provides strong protections for tenants against harassment by landlords. Landlords found guilty of harassment may face legal consequences, including fines and even prison.
The Landlord and Tenant Acts are legislation that regulate the various aspects of renting property, such as disclosure of landlord’s identity, provision of rent books, fitness for human habitation, repairing obligations, service charges, security of tenure, renewal of tenancies, covenants, and more.
Read our guide to The Landlord and Tenants Act to understand your rights in more detail.
Get legal help with landlord harassment
If you believe you are a victim of landlord harassment, don't hesitate to seek legal help. Solicitors specialising in housing law can guide you through the process, protect your rights, and help you find a solution to your housing problems.
At Lawhive, we can help you find a landlord and tenant solicitor to support you in your case quickly and affordably, so you can get back to enjoying your property.
If you find yourself struggling with landlord harassment, please tell us about your case and our legal assessment team will help you understand your next steps and explain how a lawyer or solicitor can help you resolve the issue quickly and affordably.