Hackney Citizens Advice Bureau warns of rise in illegal evictions

We’ve noticed a big increase in people seeking advice at Hackney CAB about eviction from private rented properties in recent months. Monthly enquiries on evictions and homelessness almost tripled in the first quarter since April.

An eviction from a privately rented property, where you don’t share your accommodation with the landlord and where the landlord does not follow the correct legal procedure, may be challengeable.  An eviction that is forced by the landlord, perhaps by the landlord changing the locks or threatening you with violence if you don’t leave, is very likely to be illegal.

We saw one client who was given a notice to leave his rented property after he requested that the landlord carry out repairs.  We have also seen cases of landlords threatening and intimidating their tenants to try to get them to leave their homes, and one case where a landlord entered the home of a young woman frequently without her permission.

If a landlord enters a tenant’s home without permission, threatens a tenant by withholding essential repairs or services, or threatens to throw the tenant out without going through the proper legal procedure, this may be harassment, which is a criminal offence.  Illegal eviction – forcefully evicting a tenant without going through the proper legal procedure – is also a criminal offence and can be reported to the police.

In several of these cases, we have noticed that the landlord has stated that they wish to increase the rent substantially.

Whether this is part of a wider trend relating to pressures on the rental market and the prospect of housing benefit payments reducing is yet to be seen, but we will continue to monitor the issue closely over coming months.

In the meantime, if you’re faced with this situation, here is some advice on your options:

In most private tenancies (known as assured shorthold tenancies), where the landlord does not share your accommodation, a tenant cannot be lawfully evicted unless the landlord obtains a court order called a ‘possession order’ from the county court.  Even then, they can only be lawfully evicted by county court bailiffs. A tenant also has the right to ‘quiet enjoyment’ of their home and a landlord cannot enter without the tenant’s permission.

If your landlord is harassing or threatening you, you can report this to the police.  Keep a note of dates and details of incidents, try to ensure all correspondence is in writing, and if you have to see the landlord in person try to have someone else present as a witness.

If you receive a notice seeking possession and asking you to leave your home, you can get it checked out with an adviser at Hackney CAB.  If a notice is incorrectly issued it may be invalid, and it is worth finding out if there is any defence to the possession proceedings.

Even if the notice has been issued correctly and the eviction is lawful, there may be options in terms of help, advice, and possibly housing, through the Housing Options and Advice team at Hackney Council.

You can access free and confidential advice about your housing problems by visiting Hackney Citizens Advice Bureau at 236 – 238 Mare Street, London E8 1HE. Tel: 020 8525 635.

Catherine Dempsey is Social Policy Coordinator at Hackney Citizens Advice Bureau.

Related: Hackney Council to evict Dalston squatters