Decision details

To adopt the new policy and to approve the delegation of action on unlawful eviction and harassment to Head of Refuse and Environment.

Matter for Decision:  

The law provides residential occupiers with the right to live undisturbed in their homes and protects them in cases of unlawful eviction and harassment.   Sometimes, a landlord or someone acting on behalf of the landlord, for example the landlord’s agent may interfere with the occupier’s peaceful occupation of the property.  Unlawful eviction and harassment are criminal offences for which the person responsible can be prosecuted by the Council.  In addition someone who is being unlawfully evicted and/or harassed can claim damages (compensation) through the civil courts but must undertake this legal action themselves.

The Council encourages best practice within the city’s private rented sector and will support residential occupiers who are at risk of unlawful eviction or subjected to harassment

This policy allows the Council to take a structured approach in dealing with unlawful eviction and harassment cases that are reported.

Decision of Executive Councillor for Housing:

The Executive Councillor resolved:

     i.        To adopt the Unlawful Eviction and Harassment Policy attached in Appendix 1 of the report.

    ii.        To delegate to Head of Refuse and Environment authorisation to deal with Unlawful Eviction and Harassment as outlined in paragraph 3.10 of the officer’s report.

Reason for the Decision:

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected:

Not applicable.

Scrutiny Considerations:

The Committee received a report from the Environmental Health Manager regarding the Unlawful Eviction and Harassment Policy.

The Committee made the following comments in response to the report:

       i.        The policy was welcomed but only addressed part of the problem.

      ii.        Legal action taken by some landlords were also undesirable.

     iii.        Tenancy sustainment work was welcomed.

    iv.        The Committee express support for the planned publicity for the policy.

     v.        The absence of an EqIA was questioned and the Officer confirmed that this was in hand.

The Committee resolved unanimously to endorse the recommendations.

The Executive Councillor approved the recommendation.

Conflicts of interest declared by the Executive Councillor (and any dispensations granted)

Not applicable.