Tenant Eviction

• Protection from Eviction Act 1977

• The law will protect you if a letting agent

• Landlord actions lead to the disruption of you enjoying the property

• Unlawfully entry of the property without your consent or permission

• Change the locks to stop you entering the property which aim to deny you entry to the property

• Your landlords need to follow certain procedures when evicting you

• Your eviction is a process by which the landlord regains full access of the property

• The eviction notice consists of your removal from the rental property by your landlord. It may also involve your removal from the rental property that were foreclosed by a mortgagee

• The eviction action by your landlord compels you to leave the property

• Your landlords must follow the correct procedures to evict private tenants and lodgers

• It's illegal eviction if they don't. It's a criminal offence for your landlord to evict you without following the correct legal steps for

• This occurs when the landlord attempts to obtain possession without following the correct legal procedure. In this case, it is harassment and the landlord is committing a criminal offence under the Protection from Eviction Act 1977.

• The tenant will be protected by the law if the letting agent/landlord engages in any behaviour which includes:

• Unlawfully entering the tenant’s property without permission.

• Interfering with a tenant’s quiet enjoyment of their home.

• Interfering with the tenant’s utility services.

• Changing the locks or doing anything else to stop the tenant entering the property. It will be considered as an attempt to illegally evict the tenant

Criminal procedure

• A tenant is in his/her legal right to contact the police if;

• He/she is experiencing harassment or risk of illegal eviction by the landlord or letting agent in charge of the property.

• The tenant should contact his/her local authority, Tenancy Relation Officer (TRO) for advice/help. The Tenancy Relation Officer has the power to bring criminal charges against the landlord or acting landlord for the property

Civil Proceedings

• The tenant has the right to call the Police if the landlord/letting agent or anyone else acting as the landlord uses violence to illegally evict a tenant. However, if no violence is used the police will direct the tenant to seek legal advice

Civil Action

• If a tenant cannot obtain the assistance of the Tenancy Relation Officer or of the Police, then the tenant has no other choice but to commence a civil procedure in their local County Court

Type of injection

• An injection is a reasonable remedy in the form of a court order which forces a party to refrain from undertaking a specific act

• It will temporarily prevent the landlord/letting agent or anyone else acting on behalf of the landlord from harassing or attempting to illegally evict the tenant whilst the proceedings are ongoing

• A final injunction may be granted at the end of the hearing and prohibit the landlord/letting agent or anyone else acting as a tenant from taking any further unlawful action to obtain possession

• The tenant has the right to make an application for an injunction and damages claim against the landlord, letting agent or anyone action as a landlord for the property

Claiming damage

• Tenants may be entitled to claim financial compensation from the landlord/letting agent or anyone else acting on behalf of the landlord who has illegally attempted to harass or evict them

General damages

• They are designed to compensate for discomfort, loss of enjoyment, pain and suffering, shock, physical injuries and inconvenience.

Special damages

• Compensation for monetary losses e.g. for lost and damaged goods and belongings or the of cost of alternative accommodation pending reinstatement of the accommodation.

Exemplary damages

• They are awarded to punish the landlord letting agent or anyone else acting as the landlord to deter him/her from similar behaviour in the future.

• If the landlord or letting agent or anyone else acting as the landlord has profited from the illegal eviction and their profits exceed the compensation, damages may be awarded to the tenant

Aggravated damages

• The court will award aggravated damage if the tenant has been subjected to any form of violence or aggravating factors

• Read the eviction notice clearly and take note of date, time and other relevant aspects of the eviction notice that highlight the how, why, when, including financial statements which are made against you.

• If you are entitled to legal aid, apply for it and get a lawyer asap, and let the lawyer deal with your case and defence

• If you can afford a lawyer, you should seek advice asap and let your legal representative deal with your defence

• If you want to respond and deal with the matter yourself, then you may want to be very resourceful and research how you can deal with it, efficiently and less to spend

• If you have not done so, start searching and familiarised yourself with your right as a tenant

• In your defence, highlight the reason why the eviction is illegal. If you possible refer to the law that back up your statement or explain your situation

• You also have a right to counterclaim if you think that your landlord has failed to comply with his responsibilities which are in some way related to the eviction notice. If your claim is about money own to you or repairs you made, and the the refund you are requesting is greater than your landlord’s then you may win your case, and have the notice cancel.

• Make sure that you gather evidences mention on your response to support you claim and defence. Your evidence may include, emails, pictures. Video, documents, letters. Recipe and recording conversation with your landlord.

• Ask your neighbour or friend who can be witness in court.

• If appropriate have the authority involve or private company to have the property inspected for heath and safety report on your leaving conditions