Here is a rather unusual question to the blog clinic from Lisa who is a tenant
Hi, I am in a rolling periodic tenancy following an assured short hold tenancy ending,I was placed into this property under a sec188 as temporary housing by the council but with a private landlord and have been here three years.
The landlord has decided he wants the property back to live in and has issued us with a section 21.but the council has advised me that I will have to go through a court order following not being able to find anywhere to live just yet.
The landlord has advised me that if I am not out at the end of the sec 21 has ended that he will not take me to court but place a caravan on the front lawn and live there with his wife and place a caravan in the back garden for his elder daughter to live in then hook cables from the house for electric. Is this legal?
No Lisa, it certainly is not legal. It will most definitely be harassment!
If you rent a house, you rent all of it including the garden. So your landlord is not entitled to enter and live in the garden without your permission, any more than he is entitled to come and sleep in your sitting room.
The main different I suppose is that the damages for breach of the covenant of quiet enjoyment and breach of the Protection from Eviction Act 1977 you will be able claim will be somewhat less than if he actually moved into the property.
You need to speak to the housing officer at your Local Authority and ask them to speak to the landlord and warn him of the consequences to him of doing this.
If he actually moves in then you should instruct a solicitor to bring a claim for damages for harassment. You should be able to find a solicitor who will do this under a no win no fee agreement.