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What is harassment? |
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Harassment is a very broad term and covers many activities, although not physical violence. A landlord may have good reason for acting in a particular way and may use those reasons as a defence to any proceedings (i.e. the landlord may believe that the tenant has already left the premises).
A landlord or his agent may not:
- Do things which are distressing to a tenant and perhaps undermine his/her sense of security.
- Do things which he is supposed to do under the tenancy agreement (i.e. repairs), either wilfully, to force the tenant to leave, or from simple neglect, which might prevent the tenant from enjoying his/her home.
- Fail to carry out repairs. In the case of most short leases the landlord is responsible for repairing the structure of the home, including gutters, drains and external pipes; installation for the water supply, gas and electricity and sanitisation, which must be maintained in proper working order; the installation in the property for water and space heating. The Council has powers to force a landlord to carry out major repairs and more minor, but significant repairs, in certain situations, i.e. if the tenant is handicapped or has small children. If the landlord still does not carry out the repairs, following the service of a Notice, the Council may carry out the work and charge the costs to the landlord.
- Withhold keys, especially if there is more than one tenant. However a landlord can restrict the number of keys in the interest of security in some circumstances.
- Withdraw services such as gas or electricity, by either not paying the bill or disconnecting the supply to the property. In certain circumstances the Council can arrange for the services to be restored and charge the costs to the landlord.
- Cause, or allow to be caused, anti-social behaviour, for instance excessive noise, particularly late at night. The Council does have powers under the Environment Protection Act 1990 (as amended) to prevent disturbance by noise.
- Start repair works and then leave them incomplete, therefore rendering the proeprty unfit to inhabit. If the landlord has been unable to complete the repairs, through no fault of his/her own, then he/she may have good reason and not be guilty of an offence.
- Subject a tenant to threats, either verbal or physical, nor should a landlord use language of an offensive nature (i.e. violent/sexual or racially abusive).
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