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  Illegal eviction

  Tenants – Action against harassment/Illegal eviction

   

  Criminal Actions

  The tenant should contact the Police if the landlord (or associates) has used verbal threats and/or physical violence towards him/her as part of harassment and/or illegal eviction. The tenant should also contact the Local Authority Tenancy Relations Officer (TRIO) who should ensure that private tenants are not illegally evicted or harassed and has the power to bring criminal proceedings against the landlord in the Magistrates Court which can impose a fine or up to 6 month’s imprisonment on any landlord found guilty of illegal eviction and/or harassment. If a case proceeds to the Crown Court, then the maximum sentence is an unlimited fine and a sentence of up to 2 years in prison.

   

  Reinstatement in the property

  The tenant will still be able to proceed with a claim against the landlord in the County Court even if they have been reinstated in the property under the following courses of action:

   

  

  by: tenancy solved uploaded July 27, 2018
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  Income Requirements

  Housing Benefit will cover all of the eligible rent (subject to benefit cap restrictions) if a tenant is in receipt of the following:

  Income based Jobseeker’s Allowance

  Income related Employment and Support Allowance

  The Guarantee Credit element of Pension Credit

  

  by: tenancy solved uploaded May 31, 2018
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  Ineligibility for Housing Benefit

  The following scenarios will preclude a tenant from claiming Housing Benefit:

   

  • If the tenant is living with a close relative including step relatives and their partners and paying rent. In this case the only way Housing Benefit maybe claimed is that if the Local Authority (after an investigation) can conclude that the tenancy has not been set up with the sole aim of fraudulently claiming benefit.
  • As an aid to help pay the costs of a home loan or mortgage.
  • If the claimant is a full time student with no disability or children.
  • If the claimant is an asylum seeker.
  • Any claimant under 35 will only be eligible for housing benefit at the single room rate unless they are a care leaver under 22 or those aged between 25 and 35 in homeless hostels.
  • The claimant does not have a right to reside (including those from within the European Union not exercising treaty rights) or are subject to immigration control.
  

  by: tenancy solved uploaded July 20, 2018
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  Ineligibility for Housing Benefit.

  The following scenarios will preclude a tenant from claiming Housing Benefit:

  If the tenant is living with a close relative including step relatives and their partners and paying rent. In this case the only way Housing Benefit maybe claimed is that if the Local Authority (after an investigation) can conclude that the tenancy has not been set up with the sole aim of fraudulently claiming benefit.

  As an aid to help pay the costs of a home loan or mortgage.

  If the claimant is a full time student with no disability or children.

  If the claimant is an asylum seeker.

  Any claimant under 35 will only be eligible for housing benefit at the single room rate unless they are a care leaver under 22 or those aged between 25 and 35 in homeless hostels.

  The claimant does not have a right to reside (including those from within the European Union not exercising treaty rights) or are subject to immigration control

  

  by: tenancy solved uploaded May 31, 2018
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  Injunction

   

  Types of Injunction

  • An equitable remedy in the form of a court order that requires a party to do or refrain from undertaking specific acts. An injunction will be either interim or a final injunction:
  • This prevents a landlord from illegally evicting or harassing a tenant whilst proceedings are ongoing.

  Final Injunction

  • This will be granted at the end of the trial when the dispute has been resolved and will prohibit the landlord from taking any further unlawful possession action. If damages are a better option, then an injunction will not be offered.

  Damages

  • Financial compensation may be able to be claimed by a tenant in respect of attempts of illegal eviction or harassment.

  Reinstatement in the property

  • The tenant will still be able to proceed with a claim against the landlord in the County Court even if they have been reinstated in the property under the following courses of action:
  

  by: tenancy solved uploaded July 27, 2018

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