Harrassment And Illegal Eviction
Harassment and Illegal eviction
A private tenant can only be forced to leave their home if a court of law has issued a court order.
Illegal eviction
Illegal eviction occurs when a landlord, or any person acting for them, forces or attempts to force a tenant to leave their home without following the correct legal procedure.
Examples of illegal eviction include:
- changing the locks to the property when the tenant is out
- physically throwing a tenant out
- stopping a tenant from getting into part or all of their home.
If a landlord wants a tenant to leave they must provide the tenant with 'notice to quit' whether or not there is a tenancy agreement. This notice to quit must be for at least 28 days, whatever the tenancy agreement states.
Any notice to quit should be in writing and the landlord and tenant should both keep a copy.
If a tenant does not leave after the notice to quit has expired (run out), the landlord must apply for a ' court order' from the magistrates' court.
Even if the notice to quit has been given it is still an offence to evict a tenant after it has expired without first getting a court order.
Harassment
Harassment is action taken by a landlord or someone acting on their behalf to try and make a tenant leave their home.
Examples of harassment include:
- interfering with the gas, water or electricity supply
- making threats and telling the tenant to leave
- entering the property without consent
- refusing to carry out repairs
- frequent unannounced visits, especially late at night.
Environmental Health Officers can:
- provide information and advice to landlords and tenants
- investigate complaints of harassment and illegal eviction
- prosecute people who have harassed or illegally evicted tenants
Further Guidance
For further guidance please download the following document:
Protection against Harassment and Illegal Eviction: A Guide for Private Landlords and Tenants in NI.
