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Harassment and Illegal Eviction

The Rent (NI) Order 1978 protects tenants from harassment and illegal eviction within the private rental sector.

Harassment
Harassment includes any acts performed by any person (landlord or someone on their behalf) intended to prevent a tenant from exercising any of their rights in respect of the tenancy.  Examples include interfering with services such as electric or gas, interfering with belongings, changing the locks, unlawful entry or any acts of violence.

Illegal Eviction
Illegal eviction is any attempt to make a tenant leave their home without due legal process having been followed.

Process For Lawful Eviction
In order to end a tenancy or evict a tenant a landlord must follow the correct process and provide a tenant with Notice to Quit (NTQ) in writing. The minimum time to be given depends on the length of the tenancy as follows:
Length of tenancy Length of NTQ
Less than 1 year 4 weeks
Between 1-10 years 8 weeks
More than 10 years 12 weeks

If tenant has not left property at the end of the notice period, the landlord will need to apply to the Courts for an order for possession. The Courts issue an order for possession of the property.

Officers from the Enforcement of Judgements Office will visit to carry out the order and will remove and secure the property if the tenant is still in occupation.

The Council can prosecute a landlord for harassment of tenants and for unlawful eviction of tenants. On conviction, a person can be liable for a fine and prison term of 6 months minimum.

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