Issues can be sorted out informally, but sometimes this doesn’t always work out, so the Council can take action for you.

However, there may also be times when we may feel that we’re unable to take formal action, but there are still other options, and you can take your action under the Environmental Protection Act.

A Magistrates court can make an order against a person, and fine them, if they agree with you that the person is causing you a statutory nuisance. 

If you decide that you want to go to Court though it would be a good idea to get advice on proceedings and the clerk at Court will be able to advise you on the process and whether they feel you have a good case.

• Get Advice - citizensadvicenottingham.org.uk
• Find a court or tribunal - GOV.UK (www.gov.uk)

If successful, a magistrate can make a court order for the nuisance to stop, and even impose a fine.

Alternatively, it may be that mediation as a less formal route might be an option. To find a local service click here.

In some situations, a landlord’s behaviour can end up with a tenant being owed a refund or ‘Rent Repayment Order’

This is to help promote good practise in the sector so if a landlord has:

• Entered the home of a tenant using violence, or
• Harassed or illegally evicted, or
• Not followed instruction in an Improvement Notice or Prohibition Order or
• Hasn’t got the licence needed for managing a property

The tenant can apply for a rent repayment order.

Harassment

When a tenant rents from a landlord they have a right to ‘quiet enjoyment’ at their home. It’s one of the things they pay for when renting.

It means that they have the right to use and benefit of their home, without interference from their landlord.

The landlord owns the property so they can still come and check to see that it’s being looked after and see if repairs are needed, but they should give at least 24 hours’ notice in writing (unless it’s an emergency).

Landlords and tenants should always work in cooperation wherever possible on this because it is in both their interests to make sure that the property is kept in good condition, but it should be remembered that a landlord does have the right of access.

Landlords should not interrupt the supplies of gas, electric or water, or use violence, threats, or abusive language or behaviour.

Nor should they let themselves into a home without 24 hours notice, or open post or remove tenants’ property. All of these actions could be seen by a Court as harassment.

The Council works closely with the Police in these cases because it is a criminal offence, and a landlord may be banned, and then not pass the 'fit and proper test’ to get a licence to rent in the City.

Illegal Eviction?

If a landlord wants a tenant to move out they must follow a strict legal procedure. 

For the procedure that must be followed for different types of tenancy click here.

Usually, a landlord can only evict by going to Court. Depending on the reason the landlord wants to evict the notice needed can be different.

Where the proper legal procedure is not followed a Court may say that it's an illegal eviction, and this would make a landlord guilty of a criminal offence.

Things to avoid…

• Acting in a way that is likely to interfere with the peace or comfort of a tenant or anyone living with them
• Persistently withdraw or withhold services for which the tenant has a reasonable need to live in the premises as a home

Examples of what can constitute harassment can be found in this leaflet.

If it seems that harassment or illegal eviction have taken place then you should contact us.

You can get further advice and guidance from:

• Nottingham Law Centre
• Citizens Advice Bureau
• Shelter