Harassment or Illegal Eviction

The Protection from Eviction Act 1977 protects contracts-holders living in residential property against harassment and illegal eviction, making it an offence to: 

  • Act in a way likely to interfere with the peace or comfort of a contract-holder or anyone living with the contract holder. 

  • Persistently withdraw or withhold services for which the contract-holder has a reasonable need to live in the premises as a home

Harassment may include the withdrawal of water, gas or electricity services, withholding keys, threats and physical violence.

If your landlord advises you that you must leave and the above eviction notices have not been served do not leave, you should immediately contact the council for advice

You will first liaise with Housing Solutions if you consider you have been illegally evicted or Environmental Health Housing if you consider you have been harassed.

If Housing Solutions consider you have been illegally evicted, please contact Environmental Health Housing. You can phone 01633 656 656 or email [email protected].

You may also wish to contact a solicitor at the Citizens Advice Bureau or Shelter, providing full details of any incidents and people involved, including witnesses.

We will try first to resolve the problem by speaking to the person(s) involved. If this fails, we will consider if there is enough evidence for a prosecution for unlawful eviction or harassment.

Enforcement procedures are available where informal action is unsuccessful or inappropriate.

Download the Public Protection Enforcement policy (pdf)

Any prosecution will be in the name of the council and the contract-holder(s) and any other witnesses may be required to provide evidence in court.  

Notice periods to end contracts

Where the contract-holder has breached the occupation contract the minimum notice period that must be given is one month. This notice period can be shorter where it relates to a breach of the Anti-social behaviour or the serious rent arrears terms.

Where a no-fault notice is issued, the minimum notice period that must be given is 6 months.

You cannot give such a notice: 

  • Until 6 months after the contract starts
  • Unless you have complied with certain obligations, including registration and licensing with Rent Smart Wales and deposit protection rules

Landlord break clauses can only be incorporated into a fixed term occupation contract if the contract has a fixed term of 2 years or more. A landlord cannot exercise a break clause within the first 18 months of occupation.

Joint contracts

A joint contract-holder can leave a contract without ending the contract entirely.

New joint contract-holders can be added without having to end the current contract and start another one.