Landlord/Tenant disputes

If you are a residential occupier of the premises, i.e. you live there, then it is a criminal offence for any person to unlawfully deprive you, as a residential occupier, of your occupation of the premises. Changing the locks would be an unlawful eviction unless you have been officially evicted from the property by court order.

An unlawfully evicted tenant may use reasonable force to regain entry to their own home (e.g. breaking a window), but be sure of your facts before taking these steps. If you have been lawfully evicted, you may be committing an offence of criminal damage. The Citizens Advice will best be able to advise you.

You can issue a claim in the civil courts to recover the arrears. You can seek advice on doing this from your local Citizens Advice.

Landlord/ tenant relations are a very complex area of law and the following advice is only to be used as a very basic guide. For more complete advice you should contact your local Citizens Advice.

The proper procedure that a landlord must follow to legally evict a tenant is as follows:

• A legal written notice.
• A court order for possession.

Until both these steps have been taken, the tenant has a right to stay in the property.

There are different rules for a resident landlord, and those tenants who have fixed term contracts and periodic tenancies, which will not be reproduced here. Although a court order is not strictly required in these situations, it is still advisable for the landlord to obtain one to avoid any possible criminal charges.

The Landlord's failure to carry out repairs contrary to the tenancy agreement is a matter that should be taken up with a solicitor. It can however be an expensive and slow procedure.

If, however, due to the landlord's failure to repair the house, it is in a very poor state, the local authority does have power to compel the landlord to carry out the necessary repairs. Again this should be done with the assistance and guidance of a solicitor.

Failure to comply with this order could result in the local authority carrying out the work at the landlord's expense.