Harrassment & Illegal Eviction
Existing Private Tenancy
Carlisle City Council believes that everyone has a right to good standard accommodation and work alongside Private Sector Landlords to ensure that satisfactory standards of living accommodation are achieved throughout the Councils area. Property inspections undertaken and advice offered by the Council will coincide with current housing legislation, to safeguard the Health and Safety of the occupants in a dwelling.
As a Private Tenant you have rights and responsibilities:-
- To be allowed to live peacefully in your home.
- Not to be forced to leave your home without the correct notice
- To abide by the terms and conditions of the tenancy agreement
If you want to leave your home, you should give at least 4 weeks notice in writing to your landlord. If you want to leave before the end of the agreed term, your landlord can insist that you pay rent until the end of the fixed term. You should give as much notice as possible to avoid problems getting back any deposit you may have paid to your landlord.
Your landlord does have a legal right to access your home to carry out inspections or repairs as long as he gives you reasonable notice, (at least 24 hours), unless it is an emergency.
Your landlord can ask you to leave at any time after the six months, providing any fixed term you agreed when you move in has ended. He must give you two months notice in writing that he wants you to leave.
Your landlord can apply to the County Court for a Court Order ending the tenancy at any time for certain reasons laid down in law. These include rent arrears, anti-social behaviour and damage to the property.
Your landlord cannot evict you without a possession order from the County Court. If you have problems with your landlords trying to force you out of your home, please contact the Housing Advice Team at the Council.
Harassment & Illegal Eviction
The majority of Landlords provide decent accommodation, have a good relationship with their tenants and are law abiding, however, if you find yourself in a situation where a landlord behaves unreasonably you should seek advice immediately.
It is unlawful for your landlord to make you leave your premises by putting pressure on you, or by locking you out. If your landlord does this to you, then contact Carlisle City Councils Housing Advisor, the Community Law Centre or the Citizens Advice Bureau immediately. If it is the evening or weekend and none of these services are available, contact your solicitor or telephone the police.
Quick court action by a solicitor can get you back in and get the landlord to stop harassing you.
Harassment can take many forms, from threats or acts of violence, to more subtle means by telephone calls or visits late at night, or builder's works started but not finished.
The Council can, and does prosecute landlords for harassment, and/or unlawful eviction, but has no means of reinstating a tenant to the premises.
The law says:- If your landlord is harassing you in order to get you to leave your accommodation, or preventing you from doing something you have a right to do, and he/she has reasonable cause to believe (i.e. should know) that the harassment is likely to get you to leave your accommodation, then your landlord is committing an offence.
Always keep a record of each incident, with dates and times and if necessary, photographs of unfinished works or disrepair.
- Citizens Advice Bureau : 01228 - 633900
- Community Law Centre: 01228 - 515129