ADVISER: Understanding the council’s role in protecting tenants from illegal evictions

We’ve had a number of clients contact us recently saying that they’ve either been threatened with an illegal eviction or, in a few cases, that they have, in fact, been illegally forced out of their property by a landlord. In one case a client stated that the police were in attendance. Indeed, we have had some enquiries as to what role the police should play in an eviction.

Police involvement in evictions

The law requires that a landlord must obtain a court order for possession if a tenant does not leave after a notice to quit expires.  Once this possession order has been granted, the landlord will have to apply to have it enforced if the tenant still refuses to leave.  The only way that a tenant can forcibly be ejected from a property he or she rents is by Enforcement of Judgments Office personnel who are enforcing a possession order. 

If a landlord attempts to evict a tenant without following this process, the tenant should contact his or her local council immediately and ask to speak to an environmental health officer.

A landlord may request that the police attend a property to prevent a breach of the peace.  The police’s role will be to observe proceedings and prevent such a breach occurring.  The council, rather than the police, is responsible for enforcing the law relating to private tenancies. However, neither a landlord nor a police officer can legally remove a tenant from a property or force that tenant to hand over the keys to the property. 

Legal background to protection from illegal eviction and harassment

Protection from illegal eviction and harassment derives from Articles 54- 58 of the Rent Order 1978. Harassment is defined as:

“acts likely to interfere with the peace and comfort of the tenant of the dwelling-house or members of his household” or persistent withdrawal or withholding of “services reasonably required for the occupation of the dwelling-house as a residence” where the landlord “knows, or has reasonable cause to believe, that the conduct is likely to cause the tenant to give up occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises”.

Article 56 of the Rent Order states that:

(1) Where any premises have been let as a dwelling-house under a tenancy and—

(a)the tenancy (in this Part referred to as “the former tenancy”) has come to an end; but

(b)the occupier continues to reside in the premises or part of them;

it shall not be lawful for the owner to enforce against the occupier, otherwise than in pursuance of proceedings in the court, his right to recover possession of the premises.

The Private Tenancies Order (NI) 2006 widened the definition of harassment and gave powers to local councils to enforce the law relating to illegal eviction and harassment. 

Who polices the private rented sector?

Article 62 or the Private Tenancies Order states that:

“the Department may

(a) give directions of a general or specific nature, or

(b) issue guidance,

to district councils as to the manner in which they are to discharge their functions under this Order and the Rent Order”  

In November 2010, the Department for Social Development issued guidance to councils on their powers under the private tenancies order. (Note: This guidance has been removed from the DSD website, contact DSD directly to request a copy.) This guidance explains the options available to tenants affected by illegal eviction, namely

• the Environmental Health Department has the powers to investigate harassment and illegal eviction. They can prosecute if they believe an offence has been committed.
• if illegally evicted a tenant may get an injunction from the Court to allow them back home.
• a tenant may claim compensation for the losses suffered.
• a tenant can seek advice from an independent advice centre.

While the guidance states that tenants can get an injunction from the court to allow them back in the property, the PTO does not place an onus on local councils to seek an injunction to allow a tenant to re-enter their home.   The guidance is quite light touch. Well-resourced councils, in areas with a high concentration of privately rented properties are often more proactive in dealing with complaints about harassment and illegal eviction.

If you have a client who has been affected by illegal eviction and you would like to know more about council powers to assist, please get in touch with Housing Rights Service.

Finding out more about the role of Environmental Health Officers

Our course, Policing the Private Rented Sector, will look in detail at the role and remit of Environmental Health and consider key areas like:

• working with tenants & landlords in the private rented properties
• areas of responsibility
• fitness of properties & carrying out repairs
• enforcing regulations

John Corkey, former manager of the housing section of Belfast City Council Environmental Health Office, will facilitate this half-day event.