|
|
Question Title: Harassment and statutory liability
| Question: 196 |
| I have a tenant who seems to have abandoned his flat. He is in arrears with his rent but he has left some of his possessions in the flat. Can I go in and change the locks?
|
| Answer: |
| This, not altogether uncommon, situation has to be treated with great care. Possession can only be granted by the court. The Protection from Eviction Act 1977 created an offence of unlawful harassment. The landlord or agent shall be guilty of an offence if he knows, or had reasonable cause to believe, that the conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises, or to cause the occupier to refrain from exercising any right, or pursuing any remedy, in respect of the whole or part of the premises. The maximum fine is unlimited. Only where it is clear, beyond a shadow of doubt, that the tenant has surrendered the premises should possession be obtained without leave of the court.
|
|
References:
|
Pages:
|
Hyperlinks:
|
|
Letting Update Journal |
Oct 2002 page 14 |
letting-update-journal.html
|
|
Letting Handbook |
Chapter 13 |
letting-handbook-and-factsheets.html
|
For more information, discuss on the Forum
|
|
