Protection against eviction
If you live in rented accommodation, the law protects you against harassment and illegal eviction. It is a criminal offence for a landlord to harass their tenant. A tenant could claim damages through court action.
Landlord's obligations
It is an offence for a landlord to:
- interfere with the peace or comfort of a tenant or anyone living with them
- withdraw or withhold services for which the tenant has a reasonable need to live in the premises as a home
For anyone convicted of one the above offences, the punishment could be prison for up to two years, a fine, or both.
The offences are explained in:
Getting advice about a tenant's rights
If your landlord is trying to evict you from your home, speak to Environmental health in your local council. You can get advice from an independent advice centre such as Advice NI or Housing Rights. You can also ask a solicitor.
Local councils can take court action against a landlord for harassment and illegal eviction.
If there is evidence, the council can carry out an investigation and prosecute a landlord for an offence.
If physical violence is involved, you should contact the police.
Your rights as a private tenant
All tenants have basic rights:
- the right to claim Housing Benefit
- freedom from harassment and illegal eviction
- notice to quit
- due process of law
Right to claim Housing Benefit
Landlords must tell tenants about this right in the rent book.
Freedom from harassment and illegal eviction
This could include things such as changing the locks, cutting off your water or electricity supply, interfering with your belongings or threatening verbal or physical behaviour - the law offers protection to tenants in these circumstances, always seek advice immediately - the Environmental health department in your local council can investigate.
Notice to Quit
The current Notice to Quit periods the landlord must give are:
- tenancy not been in existence for more than 12 months. No less than 4 weeks' written notice
- tenancy has been in existence for more than 12 months but not more than 10 years. No less than 8 weeks' written notice
- tenancy has been in existence for more than 10 years. No less than 12 weeks' written notice.
The current notice to quit periods a tenant must are:
- Tenancy not been in existence for more than 10 years No less than 4 weeks' written notice.
- Tenancy has been in existence for more than 10 years No less than 12 weeks' written notice.
Due process of law
If a landlord ends a tenancy, but the tenant refuses to move out, the landlord can only recover possession through court proceedings.
Advice
Contact your local Housing Executive office or the Housing Rights for more advice.