Harassment and/or Unlawful Eviction?

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    Harassment and/or Unlawful Eviction?

    There's a LOT of history to this, but I'm going to try to keep it as short and sweet as possible and condense things into a few questions. If anyone thinks more information is needed then feel free to ask.

    Firstly our landlord has, on a number of occasions, turned up outside the property to poke/measure/peer in the windows with no notice. One incident even involved a ladder up against the wall. Does this go against our right to peaceful enjoyment of the property since we have not received notice on any occasion. They have argued that they never entered the property itself so we have no grounds for complaint.

    Secondly, our lease (assured shorthold) expires at the end of July. We have not given notice that we are leaving on this day, nor have we received two months notice or an s21 at any point. We have just found out that our property is listed at a local letting agent and available from the start of August. We also had a man show up to put up a To Let sign. Several people (eg Shelter) have mentioned Unlawful Eviction in regards to this, but we were wondering at what point they actually commit this? Even if this isn't actually committing Unlawful Eviction, is this not termed as Harassment since they are doing things that are prompting us to leave?

    #2
    Originally posted by bamboozley View Post
    There's a LOT of history to this, but I'm going to try to keep it as short and sweet as possible and condense things into a few questions. If anyone thinks more information is needed then feel free to ask.

    Firstly our landlord has, on a number of occasions, turned up outside the property to poke/measure/peer in the windows with no notice. One incident even involved a ladder up against the wall. Does this go against our right to peaceful enjoyment of the property since we have not received notice on any occasion. They have argued that they never entered the property itself so we have no grounds for complaint.

    Secondly, our lease (assured shorthold) expires at the end of July. We have not given notice that we are leaving on this day, nor have we received two months notice or an s21 at any point. We have just found out that our property is listed at a local letting agent and available from the start of August. We also had a man show up to put up a To Let sign. Several people (eg Shelter) have mentioned Unlawful Eviction in regards to this, but we were wondering at what point they actually commit this? Even if this isn't actually committing Unlawful Eviction, is this not termed as Harassment since they are doing things that are prompting us to leave?
    Only a court can actually interpret whether it is in breach of the Protection from Evicition Act 1977. You dont have to be evicted; harrassment is part of the act. Talk to your local council housing officer as they often prosecute these cases.
    All posts in good faith, but do not rely on them

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      #3
      Thanks for the reply.

      We've been in touch with the council, but they seem very wishy washy on the whole affair. They said they'd send a generic 'what we expect of landlords' type letter to them and that was about it. Even when we gave a long list of harassment issues that's been occurring since we moved in.

      They _did_ phone the letting agents advertising the property and were told by the agents that we 'had given them verbal notice'. I've no idea where they plucked that from, unless me saying 'the landlords are so terrible I doubt we'll want to stay' can be legally binding as a notice!

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        #4
        You could send a letter to the LL saying that his action constiutes harrassment and if it happens again you will be reporting him to the police.
        Then go to your local cop shop and discuss with them what to do if he does it again. Take the written details of the protection from evicition act and the Protection from harrassment act with you and highlighht the relevant parts you feel he is breaching.
        All posts in good faith, but do not rely on them

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        You can search the forums here:

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          #5
          Originally posted by bamboozley View Post
          Firstly our landlord has, on a number of occasions, turned up outside the property to poke/measure/peer in the windows with no notice. One incident even involved a ladder up against the wall.
          So what has he been doing or trying to achieve with the poking and measuring? Yes at the very least as a courtesy he should let you know, but you must appreciate that there's a world of a difference between a peeping tom and (eg) someone doing his best to improve a tenant's home by measuring up for new windows?

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            #6
            As Bel said send him a letter.

            The fact he is advertising the property is up to him, however if the fixed term expires and you stay then you will be obliged to give 1 months notice. LL needs to serve you with 2 months notice, and even if one is served if you fail to leave he will need a court order.

            I am sceptical that his actions would constitute harassment, or that if it did an injunction or reasonable compensation would actually be recovered.
            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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