What is classed as harassment from a landlord?

There are certain laws and regulations in place to ensure that landlord-tenant relationships remain fair and that both parties are respected throughout the process. One critical aspect of these laws is the safeguarding of tenants against landlord harassment. 

Harassment from a landlord can severely impact a tenant’s quality of life and their ability to enjoy their rented home peacefully. So, understanding what constitutes landlord harassment can help tenants recognise and address such behaviour, and will also ensure that you as a landlord adhere to legal standards. Here, we take a look at what is classed as landlord harassment.  

Laws that govern landlord harassment

Before we get into the nitty gritty about landlords harassing tenants, let’s become more familiar with the different laws that govern landlord harassment. 

Protection from Eviction Act 1977

The Protection from Eviction Act 1977 ensures that tenants cannot be unlawfully evicted. According to the Act, unlawful eviction occurs when a person is deprived of their home without the landlord following the correct legal procedures. 

Landlord’s defence against illegal eviction

A landlord’s only defence against a claim of illegal eviction is if they genuinely believed that the tenant had permanently vacated the property. If you plan to be away from your property for an extended period but intend to return, it’s crucial to continue paying your rent and leave some belongings in the home to indicate your ongoing occupation.

Examples of illegal eviction

Landlords who evict their tenants for the following reasons will be doing so illegally: 

• Changing the locks: Replacing locks while tenants are out to prevent re-entry.
• Physical eviction: Forcibly removing tenants from all or part of the property.
• Blocking entry: Physically stopping tenants from entering the property.

Protection from Harassment Act 1997

The Protection from Harassment Act 1997 was initially created to address the issue of stalking, but its scope extends to a variety of behaviours that alarm or distress the victim. 

Key provisions of the act include criminal and civil remedies for landlord harassment and cover two main criminal offences: 

• Harassment: This includes a set of behaviours or actions taken by the landlord that is classed as harassment. 
• Fear of violence: A more serious offence where the landlord’s conduct makes the tenant fear violence from the landlord.

Typically, harassment is considered when these types of actions or behaviours have been displayed on at least two different occasions. The act also includes special provisions against harassment against multiple people or against companies. 

Criminal and civil remedies

Besides criminal penalties, the Act also allows for civil remedies, for example: 

• Civil injunctions: A court can issue civil injunctions to prevent further harassment.
• Damages: The court can award damages to tenants for any harassment they’ve been subject to.

What is landlord harassment? 

Landlord harassment involves any intentional actions by a landlord that are aimed at disturbing a tenant’s peace and way of living, forcing tenants to leave the property, or retaliating against tenants for exercising their legal rights against landlords.  

These actions can be both direct and indirect, but the crux of landlords harassing tenants is that these actions violate the tenant’s right to quiet enjoyment of the rental property. 

Common forms of landlord harassment

Although this list may not be a comprehensive one, common forms of landlord harassment include:

• Frequent and unnecessary inspections: Excessively frequent, unannounced, or unnecessary inspections constitute harassment. Tenants are entitled to reasonable privacy, and inspections should be conducted with proper notice and at appropriate intervals.
• Withholding essential services: As a landlord, you are responsible for maintaining essential services, such as heating, water, and electricity. Intentionally cutting off these services to force a tenant to move or to punish them for a complaint is a severe form of harassment.

• Illegal entry: Entering a rental unit without proper notice or permission, except in emergencies, is illegal. This also includes entering the property at inappropriate hours or for non-essential reasons, which can be seen as an invasion of privacy and a form of intimidation. 

• Threats and intimidation: Using threats, abusive language, or any form of intimidation to pressure a tenant into vacating the property or refraining from exercising their legal rights is also a clear example of harassment. This includes both verbal threats and written threats. 

• Raising rent unfairly: Increasing rent disproportionately or without proper notice as a means of forcing a tenant out or retaliating against them is considered harassment. Rent increases should always follow local laws and lease agreements and tenants should always be informed properly.

• Refusing to perform repairs: Deliberately neglecting necessary repairs or maintenance to make living conditions unbearable for the tenant is another form of harassment. Landlords have a legal obligation to maintain habitable living conditions. 

• False eviction notices: Serving eviction notices without legitimate grounds or using false claims to evict a tenant is a form of harassment. Eviction must follow legal procedures and be based on valid reasons as defined by laws and regulations. 

Legal protections for tenants 

Tenants have several legal protections against landlord harassment which landlords need to keep in mind when renting out property to tenants. 

Right to quiet enjoyment

Tenants have the right to peacefully enjoy their rental property without unnecessary interference. This ensures that tenants can live in their homes without disturbance from you as a landlord.

Retaliation laws

There are also laws preventing landlords from retaliating against tenants for making complaints about the property’s condition, reporting code violations, or participating in tenant organisations.

Privacy laws

Privacy laws regulate the conditions under which a landlord can enter the rental unit. Typically, landlords must provide reasonable notice, usually 24-48 hours, and have a legitimate reason for entry.

Habitability standards

As a landlord, you are required to maintain their properties in a habitable condition. This includes making necessary repairs and ensuring the property meets health and safety codes.

Legal consequences of landlord harassment

Staying informed about the laws and regulations that govern your rental properties is crucial. Failing to comply with these regulations can lead to significant penalties, damage your reputation, and even result in being banned from letting properties. In some cases, non-compliance could also land you in a database of rogue landlords.  

Common penalties for landlords in the UK

Some of the most common penalties you may encounter as a landlord include: 

• Unlimited fines for the failure to obtain the proper licences and permits. The amount of the fine is usually determined at the court’s discretion with no upper limit.
• Unlimited fines are given for landlord harassment,  with the possibility of imprisonment.
• Unlimited fines and potential imprisonment is given for the illegal eviction of tenants. 
• £3,000 fines are given for illegal renting. In severe cases, unlimited fines and imprisonment may be the consequence. 
• Compensation for the tenant, as determined by a judge is a consequence given for not meeting the ‘Fitness for Habitation’ standards. 
• Fines up to £30,000 are given for any breaches of safety certificates. 
• £5,000 for the first offence and unlimited fines for subsequent offences if the tenancy fees act is breached. 
• Up to three times the deposit amount will need to be paid if you have not made provisions to protect your tenant’s deposit. 

Tips to avoid penalties

So, how do you avoid these penalties as a landlord?

• Stay informed: Regularly update yourself on the regulations related to renting out your property to tenants to make sure that you fully comply. 
• Proper licensing: Ensure all necessary licences and permits are obtained and kept up to date.
• Respect tenant rights: Avoid any actions that could be perceived as harassment. Communicate respectfully and follow legal eviction processes. 
• Adhere to safety standards: Maintain and regularly inspect the property to meet all safety and habitability standards. 
• Protect deposits: Use government-approved schemes to protect tenants’ deposits.
• Ensure any fees charged are within legal limits and fully transparent to tenants.

Landlord harassment is a serious issue that can significantly affect a tenant’s well-being and security. Recognising the signs of landlord harassment and understanding legal protections are essential steps for tenants to safeguard their rights and for landlords to be aware of what is expected of them. This will avoid behaviours that could be construed as harassment, ensuring a fair and respectful relationship with your tenants.

A big part of safeguarding your tenants and property is finding the right landlord insurance deals. Contact us at CIA Landlords on 01788 818 670 for more information on the best landlord insurance options.