Complaint consequences
Question
I'm having loads of problems with my landlord and I don't know what to do. We complained about the fact that we've not had any heating and have had to live with faulty electrics for the past six months but, instead of doing anything, he's just threatened to kick us out. Our contract isn't even up yet.
We haven't got anywhere else to go and think we're just going to have to stay; even if they try to evict us. We're desperate and don't know what to do. Can he just kick us out?
Answer
It sounds like you're having a tough time with your landlord. But, in most cases, there are laws that protect you from illegal eviction. Landlords have to follow strict rules to legally evict you. These rules depend on what type of private tenancy you have. Illegal eviction is when the landlord tries to evict you without following the correct legal procedures. This means your landlord can't:
- Change the locks while you're out;
- Physically throw you out;
- Stop you from getting into your home.
You have protection under law, which says it is an offence to harass or illegally evict you. You should always seek advice if the landlord asks you to leave and you don't want to.
When you move in, you automatically make a contract with the landlord. It may not be in writing but it always includes the right to live in your home peacefully. It will include other rights, even if they are not written down, such as an agreement that gas, electricity and fresh water supplies will be maintained (though you may be responsible for paying the bills).
From what you've said it sounds like you have a written contract with your landlord. Your legal rights will depend on a number of things including the details of your contract and whether your landlord lives with you. To find out precisely what your rights are it's important you seek advice locally.
Your local council has powers to help you and should take steps if you ask for help. It can prosecute your landlord for the criminal offences of harassment and illegal eviction. The council will often try to settle the dispute without court action, but where there is clear evidence of a criminal offence the council should prosecute the landlord if that's what you want. Even if the council doesn't think there's enough evidence to take your landlord to court it could, with your agreement, warn or officially caution the landlord about the consequences of their behaviour.
In an emergency, for instance where you have actually been evicted, or where violence has been threatened, you should call the police and call the person who deals with harassment and illegal eviction at the council (sometimes called a tenancy relations officer). The council may have an emergency telephone number. You could also phone Shelter's free housing advice helpline; they offer free, confidential housing advice on 0808 800 4444.
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