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Harassment and illegal eviction
Legal Responsibilities of Landlord Protection from Eviction Act 1977
Section 1 - Unlawful Eviction and Harassment
Similarly, if any person interferes with the peace or comfort of the residential occupier or members of their household, or persistently withdraws or withholds services reasonably required for the occupation of the premises with the intention of forcing them to give up occupation, or from occupying their rights within those premises, then they shall also be guilty of an offence.
This second paragraph not only applies to landlords but also the agents of landlords.
It is a defence for a landlord or agent to prove that they had reasonable grounds for withdrawing or withholding the services in question.
If a person is found guilty of this offence, then on summary conviction, they are liable to a fine not exceeding level five on the standard scale, or to imprisonment for a term not exceeding six months, or both. On conviction on indictment they will be liable to a fine or imprisonment for a term not exceeding two years, or to both.
The provisions of this Section also apply to corporate bodies.
Section 3 - Prohibition of Eviction without Due Process of Law
If an occupier continues to reside despite their agreement running out, then it is unlawful for a landlord to enforce eviction, otherwise than by proceedings in court. In this case only a court can give the right to recover possession and any other forced eviction is unlawful.
Some tenancies are excluded from this Section and you are advised to obtain independent legal advice before beginning possession proceedings.
Section 5 - Notice to Quit
Before obtaining possession of a property landlords in most circumstances have to serve notices to quit on the occupiers.
To be valid, notices to quit need to contain certain prescribed information and give certain lengths of time. This can change according to the type of tenancy that you have agreed with your occupier and it is recommended that you obtain independent legal advice to ensure that the notice to quit that you are giving is valid.
Advice regarding tenancy issues
Shelter Housing Advice Centre
2 Ordnance Street
Chatham
Kent
Tel: 01634 811 166
Gravesham Citizens Advice Bureau
44 Windmill Street
Gravesend
Kent
DA12 1BA
Tel: 01474 361 239
Solicitors offering advice under Housing Legal Aid
Neves Scott
Trinity House
82 High Street
Dartford
Kent
DA1 1DE
Tel: 01322 277 732