- If a Local Authority has no TRO or he will not prosecute then the tenant can seek legal advice and representation for a private prosecution against the landlord. The Law Centre or Citizens Advice Bureau can offer free legal advice if the tenant qualifies for free legal aid. If the tenant does not qualify for free legal aid, then he/she can instruct a fee-paying solicitor to handle the case
- If a landlord successfully defends a case against him/her using the defences above the tenant’s case may not be successful. Any claim depends on the facts of the case.
- The following forms should be used by a tenant to pursue in any case brought against a landlord for alleged harassment/illegal eviction:
- An Injunction Application (Form N16A) should be filled at the Local County Court with an attached witness statement/affidavit. The application fee payable maybe waived for those eligible on a low wage or welfare benefits using form EX160A.
- A Form N1 Claim Form and particulars of Claim setting out the course of action should accompany the Injunction Application.
- Any claim for harassment should have a completed Part 8 Claim Form (N208 Form) completed.
- A draft copy of the injunction order should also be included. This should be completed on an Injunction Order (Form N16).
