Why harassment occurs
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Although there is never an excuse for your landlord breaking the law and harassing you or illegally evicting you, in some cases it may help to understand her/his reasons.
Does your landlord know they're breaking the law?
Sometimes your landlord may not know that there is a correct way to evict you and talking to her/him about this may encourage her/him to approach your situation in a different way. There are some common reasons that landlords use to explain why they harass or try to illegally evict their tenants:
Are you in rent arrears?
If you owe your landlord rent it may help to calm the situation down if you negotiate a way of paying back the money that you owe. Make sure that your landlord has calculated correctly how much money you owe before you agree a repayment plan. A Shelter advice centre or Citizens Advice can help you to check that your rent arrears are calculated accurately and may also be able to help you if you have other debts to repay.
It is important that you agree to a repayment plan with your landlord only if you can realistically afford to make the payments, as you will otherwise find it difficult to maintain your commitment. Get advice to find out whether you are eligible for any financial help. If your landlord wants you to leave because of your arrears, they still have to follow the correct legal procedure.
Is the landlord coming round to inspect the property too often?
Your landlord can come into your home to inspect the property only at a time that is convenient to you, and should give you reasonable notice. Reasonable notice shouldn't be less than 24 hours unless it's an emergency.
Your landlord should not need to come round very often to inspect the property. If they are coming more often than you would like, or letting themselves in without your permission, it could be considered harassment. You could try to negotiate with them to agree how often it is acceptable to have the property inspected.
Your landlord does not have an automatic right to have a key to your home unless your tenancy agreement says that this is the case. If you change the locks, you should keep the old keys and the original lock to return to the landlord. If you are unable to reach an agreement, or if your landlord does not keep to an agreement that you have made, get in touch with a local adviser.
Have you been away for a while?
If you go away for a long time without informing your landlord, they may mistakenly think that you have abandoned your home and are not planning to return. You may be able to avoid a misunderstanding by ensuring you always let your landlord know when you plan to be away for any length of time and explaining that you plan to return.
It is also important that you make arrangements for the rent to be paid while you are away. If your landlord has rented the property to someone else while you have been away, or won't let you back in for another reason, you should get advice immediately.
Does your tenancy give you strong rights?
Some types of tenancies give tenants more protection from eviction and rent increases. This is particularly true for tenants who have a regulated tenancy (which may be the case if your tenancy started before 15 January 1989) and also for those with an assured tenancy. Some landlords may harass or illegally evict tenants in order to replace them with others who have a less secure type of tenancy agreement. If you think this is happening, contact a local advice centre straight away.
Landlords sometimes illegally evict a tenant with a regulated tenancy because these tenants often pay lower rents, which are controlled by the rent officer. If you think that this is the reason your landlord is harassing you, or has illegally evicted you, get advice urgently.
If you lose your home and get a new assured shorthold tenancy, you are likely to have to pay much higher rent and it is much easier for the landlord to evict you legally.
Is your landlord selling the property?
In some cases your landlord may be trying to sell the property and bringing people round to view your home at times that are inconvenient to you. Unless you have agreed clearly in advance, your landlord does not have the right to show people around your home without your permission. If you prefer not to allow this, your landlord will have to wait until they have evicted you using the proper eviction procedures before showing potential buyers around.
