What is landlord harassment?

Quite often, the key to a happy tenancy is a positive landlord-tenant relationship. Tensions and conflict between the two parties will likely drive tenants out in no time. It’s really important that as a landlord, you remain professional and don’t let your feelings get the better of you in difficult and strained times. Doing so could result in you being accused of landlord harassment.

Landlord harassment is classed as anything you do to deliberately disrupt your tenant’s life. You could be surprised to learn what comes under this umbrella. In this article, we explain in more detail.

What is classed as landlord harassment?

So, what exactly is classed as landlord harassment?

• Entering the tenant’s home without their permission
• Frequent or unnecessary property inspections
• Discrimination based on age, race, gender or sexuality
• Withholding essential services such as gas or water
• Refusing to carry out repairs
• Threatening the tenant in any way
• Removing or interfering with the tenant’s belongings
• Serving eviction notices without legitimate grounds
• Violet or intimidating behaviour.

Your tenants have ‘the covenant for quiet enjoyment’ which means that they are entitled to not be unreasonably disturbed or harassed whilst living in the property. Breaking this would be a ‘derogation of grant’.

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

What are the legal implications of a landlord harassing a tenant?

There are serious consequences of a landlord harassing a tenant. In the worst cases, landlord harassment can result in criminal charges and even imprisonment for months or years. Landlords can also face fines, civil claims, injunctions and of course, reputational damage making it challenging to attract new tenants in the future.

If a tenant feels that you are harassing them, they may approach you personally via writing or in an email so that they have proof of the correspondence. Perhaps they will approach you in person. They may also get in touch with their local council who may speak to you on the tenant’s behalf. In extreme cases, they may report you to the police.

What about harassment from a tenant?

Of course, harassment is a two-way street. It’s not just landlords that can be accused of harassment – tenants can too. Tenant harassment can be defined as:

• Anti-social behaviour including noise complaints, disturbances to neighbours or illegal activities
• Not paying rent
• Deliberately damaging the property
• Violent or threatening behaviour
• Refusing access for repairs.

If you find yourself a victim of harassment from a tenant, make sure you document everything in case you should need to use it as evidence in the future. Make a detailed record of all communications and incidents including dates, times and exactly what happened.

Your tenant should also be made aware of what behaviour is deemed as unacceptable and what the consequences of these actions will be. Many tenants may not realise that their behaviour constitutes harassment.

If the issues persist, you could seek legal advice from a solicitor or consider mediation to repair the relationship between you and your tenant. If the harassment is severe or is of a criminal nature, it’s important that you contact the police and let them take the next steps.

How can a landlord avoid being accused of harassment?

Step one to avoiding being accused of landlord harassment is to be aware of the rules and boundaries and your rights and responsibilities. It’s important to understand the legal framework governing landlord-tenant relationships.

It’s also important to communicate professionally with your tenants, maintaining open and clear communication. All important correspondence should be recorded in writing via email. Should you need to enter the property, give reasonable notice of 24-48 hours beforehand. Any visits should be totally necessary, for instance to carry out repairs or property inspections. Turning up unannounced or spending too much time at the tenant’s property can be deemed as harassment.

Treat all tenants fairly and avoid tenant discrimination or preferential treatment of tenants. If you are having issues with your tenants and you are unsure on the best course of action to proceed, always seek legal advice to ensure that you are taking the right steps instead of acting on impulse or being driven by negative emotions.

If things do become difficult between you and your tenant, avoid visiting them and the property personally. This is where things can quickly become strained. If you do need to visit personally, take along an independent witness with you so that your behaviour cannot be easily twisted and misconstrued in your tenants account of events.

Relationships with tenants can be a really tricky part of being a landlord. Emotions can quickly escalate and that’s where things tend to go wrong. That’s why it’s so important to be aware of the boundaries and where each party’s rights lie so that you can react responsibly and sensibly.

If you are experiencing a situation with a tenant that you are not sure how to handle, always contact a Landlord’s Association such as the RLA.

You should also ensure that you have the right landlord insurance cover. At CIA Landlords, we’ve been protecting landlords just like you for over 20 years. Get a quote online or give us a call on 01788 818 670.