2026-08-06
Owning a rental property comes with rights—but it also comes with legal responsibilities. While many disputes between landlords and tenants are civil matters governed by a lease agreement, there are situations where a landlord's actions can cross the line into criminal conduct.
Not Every Rental Dispute Is a Criminal Matter
Many of the issues landlords encounter are contractual disputes rather than criminal offences. These typically include:
These matters are generally resolved through the lease agreement, the courts, or the appropriate legal channels. They do not automatically become criminal simply because a tenant or landlord has failed to meet their obligations.
The problems begin when a landlord attempts to take matters into their own hands.
What Is a Self-Help Eviction?
One of the most common ways landlords can find themselves on the wrong side of the law is through what is known as a self-help eviction.
A self-help eviction occurs when a landlord tries to force a tenant out without obtaining a court order.
Examples include:
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Changing the locks while the tenant is away.
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Removing doors or gates.
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Placing a tenant's belongings outside.
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Disconnecting electricity or water to pressure the tenant into leaving.
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Harassing or intimidating a tenant to vacate the property.
Although these actions may seem like a quick solution to a difficult situation, they are unlawful and can have serious legal consequences.
The Correct Way to Evict a Tenant
Even if a tenant has breached the lease or stopped paying rent, landlords must follow the legal eviction process.
This means:
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Attempting to resolve the issue through communication where possible.
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Seeking professional advice if the dispute cannot be resolved.
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Approaching the courts to obtain a lawful eviction order.
While the legal process may take time, it protects both landlords and tenants and ensures that everyone's rights are respected.
Understanding the Role of the Rental Housing Tribunal
The Rental Housing Tribunal plays an important role in resolving many disputes between landlords and tenants.
Although the Tribunal cannot grant eviction orders—that remains the responsibility of the courts—it has significant legal authority.
Ignoring the Tribunal is not an option.
Landlords and tenants are legally required to cooperate with Tribunal proceedings. This includes:
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Attending hearings or mediation sessions.
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Providing requested documents.
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Answering lawful questions honestly.
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Complying with rulings once they have been made.
Failure to do so can amount to a criminal offence under the Rental Housing Act.
Other Actions That Can Lead to Criminal Liability
There are several other situations where landlords should exercise caution.
Potential offences include:
Unlawful discrimination
Discriminating against prospective tenants on unlawful grounds—whether during advertising or the tenant selection process—is prohibited.
Property practitioners also cannot carry out unlawful instructions from landlords.
Mishandling tenant deposits
Deposits must be managed correctly and refunded in accordance with the law. Failing to comply with the required procedures may have serious legal consequences.
Entering the property without notice
Except in genuine emergencies, landlords may not enter a rented property without giving the required notice to the tenant.
Respecting a tenant's right to privacy is a fundamental part of the landlord-tenant relationship.
Ignoring legal obligations
Whether responding to Tribunal requests, maintaining proper documentation or complying with legal rulings, landlords who fail to follow the prescribed processes expose themselves to unnecessary legal risk.
Prevention Is Always Better Than Cure
The best way to avoid costly disputes is to prevent them before they arise.
Good property management starts long before a lease is signed.
Landlords should:
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Conduct thorough tenant screening.
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Use legally compliant lease agreements.
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Keep accurate records.
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Complete entry and exit inspections.
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Document all communication.
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Seek professional advice before taking legal action.
A well-managed tenancy reduces conflict and provides clear evidence should a dispute ever arise.
The Bottom Line
Owning investment property is a business, and like any business, it requires an understanding of the legal framework in which it operates. While dealing with a difficult tenant can be frustrating and expensive, attempting shortcuts outside the law can create far greater problems. Following the correct legal procedures, respecting the rights of tenants, and obtaining professional guidance when needed are the best ways to protect both your investment and your reputation.
At Etchells & Young, we assist landlords throughout the rental process—from compliant lease agreements and tenant screening to dispute resolution and guidance through Rental Housing Tribunal matters. Professional property management not only saves time but also helps ensure that landlords remain legally compliant while protecting their investments.
