Do police lack knowledge when it comes to illegal eviction?

This Property118 investigation highlights how anti-social behaviour has caused problems for both tenants and landlords.

On the BBC Radio 4 Today programme, housing campaigners voiced their concerns that the police don’t understand the law protecting tenants from harassment and illegal eviction.

The housing charity Shelter said there is a big disparity between the number of cases being reported and the number of people convicted.

A Citizens Advice survey from 2018-2021 revealed the organisation received 15,955 phone calls reporting cases of harassment and illegal eviction.

Over the same period, the Ministry of Justice revealed there were only 101 convictions for illegal eviction.

‘Illegal eviction is a civil matter’

Shelter gives advice to tenants on what to expect from the police if they are at risk of being illegally evicted.

The charity says the police can:

• Warn the landlord that they may be about to commit a criminal offence
• Arrest the landlord if a criminal offence is committed
• Mediate if they’re present at a confrontation
• Contact your local council to report events.

However, the police are often reluctant to attend and even if they do, will say that a clear illegal eviction is a civil matter, ignoring the protections given by the Protection from Eviction Act 1977, and the Protection from Harassment Act 1997.

Harassment is defined in the Protection from Eviction Act 1977 as:

• Acts likely to interfere with the peace and comfort of those living in the property, or
• Persistent withdrawal of services that are reasonably required for the occupation of the premises.

Actions that might constitute harassment within the meaning of the Protection from Harassment Act 1997 include:

• Harassment because of sex, race, disability, gender reassignment, or sexuality.
• Violence, threats or intimidation.
• Abusive or insulting words or behaviour.

The National Police Chiefs Council said in a statement on the Today Programme: “Most private tenancy disputes are civil in nature but the police should be contacted if there are criminal actions.”

‘Landlords must have confidence in being able to deal with criminal and anti-social tenants’

On social media, Ben Beadle, the chief executive of the National Residential Landlords Association (NRLA) said: “Good to be on the BBC, commenting on illegal evictions, to be clear, they are unacceptable.

“Tenants should not live in fear and landlords must follow the numerous rules and regulations governing the sector.

“We have consistently high tenant satisfaction in the PRS but those landlords who evade their responsibilities and use thuggery towards tenants have no place in our sector and should feel the full force of the law.”

He added: “At the same time, landlords must have confidence in being able to deal with criminal and anti-social tenants and in the court system working properly.

“It was an opportunity to remind viewers that these outlying criminal and rogue groups are the minority, but both must be protected.”

84% of landlords received no help in tackling anti-social behaviour from their local authority

Polling by the NRLA has found that 50% of landlords have at some point attempted to repossess a property because of a tenant’s anti-social or criminal behaviour.

Of this group, 84% say they had received no help in tackling it from their local authority and 75% had no assistance from the police in dealing with anti-social tenants.

Rodney Townson, from landlord association group ihowz, said: “We share the concerns of tenant groups regarding the lack of knowledge displayed by the police in dealing with disputes and other issues involving tenants.

“We support calls for the police to take a more active role, whether to protect tenants from illegal eviction and harassment or to take action to support landlords, tenants and their neighbours dealing with antisocial behaviour.”

‘Zero-tolerance approach to anti-social behaviour’

The government recently unveiled plans to tackle anti-social behaviour by giving landlords and housing associations the power to evict anti-social tenants.

The government says there will be a ‘zero-tolerance approach’ to all forms of anti-social behaviour and give the police and local authorities the tools they need to tackle the problem.

In the government’s anti-social behaviour action plan they state: “We will seek to halve the delay between a private landlord serving notice for anti-social behaviour and eviction and broaden the disruptive and harmful activities that can lead to eviction.

“We will ensure landlords can act more quickly than ever before to evict anti-social tenants.

“Through our reforms for renters, we will make grounds for possession – the legal reasons a landlord can evict a tenant – faster and far easier to prove.”

Commenting on the announcement Mr Beadle said: “Anti-social tenants blight the lives of fellow renters and their neighbours.

“Plans to end ‘no explanation’ repossessions risk making it harder to tackle such behaviour.”

He added: “Whilst we will study the detail of the Government’s plans carefully, we welcome its commitment to strengthen the ability of landlords to evict unruly tenants.

“The law must be on the side of the victims of anti-social behaviour, and we are glad that the Government agrees.”

‘Responsible landlords are sick and tired of a failure to root out the minority of criminal landlords’

A survey by the Department of Levelling Up, Housing and Communities, revealed one in three landlords have ended a tenancy because their tenant engaged in antisocial behaviour.

It appears that responsible landlords are sick and tired of a failure to root out the minority of criminal landlords who bring the sector into disrepute.

Many landlords in the PRS feel the police simply don’t understand the situation when it comes to resolving tenant issues.

We would like to hear your stories about this. Have you experienced trouble with anti-social tenants? Let Property118 know and post your comments below.

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