Welcome To Wirral

What the Law Says

If your landlord wants to evict you, the correct legal procedures must be followed.

These vary according to circumstances, but often mean that you will be given a written NOTICE TO QUIT, or NOTICE OF THE LANDLORD'S INTENTION TO SEEK POSSESSION of the property which you occupy as tenant, followed by a POSSESSION ORDER obtained in the County Court.

Harassment

Some landlords, if they cannot evict their tenants legally, will try to get them out by committing acts calculated to make them leave their home.

Examples are:-

• Interfering with the electricity, gas or water supply;
• Threatening you to make you leave;
• Interfering with your possessions;
• Making you hand over the key to your home;
• Making you sign an agreement reducing your legal rights.
• The Police may be able to take action if you suffer repeated harassment or threats of violence.

Illegal Eviction

• In spite of the law, a landlord may force you out or lock you out without following the correct legal procedures.

What the Council can do:-

• The authority has a discretion under the Protection from Eviction Act 1977 to prosecute for illegal eviction or harassment of a residential occupier. You will need to give the Council full details of any incidents, and any people involved, including witnesses.
• The Council only has limited resources to assess any complaints about illegal eviction but an initial assessment will be undertaken to determine as to whether further action is necessary and possible.
• In all cases after the initial assessment has been carried out the Council will try and negotiate with all involved parties to try and resolve the matter.
• If this fails the Council will consider if it has enough evidence for a prosecution and whether there are available resources to continue the investigation.
• If the Council proceeds with a prosecution you and any other witnesses will be required to give evidence in Court.

What you can do:-

• In addition to and quite separately from the Council's action, you can take private civil action against a landlord.
• A private solicitor's help may be free, if you qualify for legal aid. (Most solicitors offer a free initial 1/2 hour consultation.)
• Your solicitor may decide to apply to the Court for an INJUNCTION or COURT ORDER to force the landlord to let you back into your home, and/or stop harassing you.
• In an emergency, an injunction can be obtained in a few hours, but will normally take several days.
• An injunction is the most effective remedy if you are seriously troubled by your landlord. If it is disobeyed, the landlord risks possible imprisonment.
• Your solicitor may be able to sue the landlord for DAMAGES for the trouble and inconvenience you have suffered, to cover any expenses incurred, and to pay for any damage to your personal property.
• If your landlord causes you serious difficulties after office hours, the police can sometimes intervene to prevent a breach of the peace.

Advice

• If your landlord claims to know the law and tells you that you must leave, DO NOT GO, get advice immediately from the Council's Housing Advice Centre or from a Solicitor.
• If you are a landlord who wants to evict someone, it is safer to get advice on the legal requirements first. If you don't, you may waste time, or more likely break the law.