Reviewed by Bradley Askew, Solicitor (non-practising), England & Wales. Reviewed 21 June 2026.
The Protection from Harassment Act 1997 creates criminal offences of harassment (section 2), stalking (section 2A), and putting a person in fear of violence by harassment (section 4). Section 3 creates a separate civil cause of action — damages and injunctions — that can be pursued without criminal prosecution. The Act applies in landlord-tenant contexts in both directions: landlords whose conduct toward tenants amounts to harassment, and landlords subject to tenant harassment. This page covers the criminal offences, the civil remedies under section 3, the application to typical landlord-on-tenant and tenant-on-landlord scenarios, the available defences, and practical guidance for managing harassment risk and response.
What the Act does and why landlords need to know it
The Protection from Harassment Act 1997 was passed primarily to address stalking and similar persistent harassment in personal contexts — the prevention of pursuit of victims by former partners, fixated strangers, or campaigners. The Act has, however, become a significant statute in residential landlord-tenant disputes. Both directions of the relationship are covered: a landlord who harasses a tenant (typically in a way that goes beyond the Protection from Eviction Act 1977's narrower harassment offence) commits offences and creates civil liability under the 1997 Act; a landlord harassed by a tenant (or by someone on the tenant's behalf, including a former tenant) has remedies under the Act.
The Act creates two principal offences — the basic harassment offence under section 2, and the more serious "stalking" offence under section 2A (added by amendment in 2012). Section 4 creates a further offence of putting a person in fear of violence by harassment. Section 3 creates a separate civil cause of action: the victim of harassment can sue for damages, an injunction, or both, even where no criminal prosecution has been brought.
For landlords, the Act's relevance is twofold. First, the Act provides protection in the rare cases where a tenant's conduct toward the landlord crosses from ordinary disagreement into genuine harassment — typically following a relationship breakdown with a tenant or in disputes that have become personal. Second, the Act creates real liability exposure for landlords whose own conduct toward tenants becomes harassing — even where the conduct falls short of the Protection from Eviction Act 1977 standard, the 1997 Act may apply.
The basic offence — section 1
Section 1 of the Act prohibits a person from pursuing a "course of conduct" which they know, or ought to know, amounts to harassment of another. "Course of conduct" requires conduct on at least two occasions — a single incident, however unpleasant, is not enough on its own.
"Harassment" is not exhaustively defined but includes "alarming a person or causing the person distress". The test is partly objective (would a reasonable person consider the conduct harassing?) and partly subjective (did the person being targeted feel harassed?). Both tests must be satisfied for an offence.
Section 2 of the Act makes it a criminal offence to breach the section 1 prohibition. The offence is summary — tried in the magistrates' court — and carries:
- Imprisonment up to 6 months, and/or
- A fine.
Section 2A creates a separate offence of "stalking" — harassment that involves specific stalking behaviours (following the victim, contacting them or attempting to do so, monitoring their use of internet, identifying their movements, watching their home or workplace, interfering with their property). The maximum penalties are the same as for the basic harassment offence.
The aggravated offence — section 4
Section 4 creates a more serious offence: pursuing a course of conduct that causes another person to fear, on at least two occasions, that violence will be used against them. The offence is triable either way (in the magistrates' court or the Crown Court). On indictment in the Crown Court, the maximum penalty is 5 years' imprisonment.
In landlord-tenant contexts, section 4 typically arises where the conduct in question has involved threats — verbal threats of violence, physical intimidation, threats to property where the threatened damage would put the victim in fear, or aggressive in-person confrontations. Mere pestering or repeated unwelcome contact, without the element of threatened violence, does not fall within section 4 (though it may fall within section 2).
Civil remedies — section 3
Section 3 creates a civil cause of action available to victims of harassment. The remedies include:
- Damages — for any anxiety caused by the harassment and any financial loss resulting from it. Awards are typically modest (£1,000-£10,000 in non-aggravated cases) but can be substantial where harassment has caused medical conditions, lost employment, or required specific protective measures.
- An injunction — restraining the harasser from further conduct. Breach of the injunction is a criminal offence under section 3(6), with maximum penalty of 5 years' imprisonment.
- Damages for breach of injunction — additional financial relief if an injunction is breached.
Civil claims under section 3 can be brought even where no criminal prosecution has been undertaken. The civil and criminal regimes are independent. Many landlord-tenant harassment cases are resolved entirely through civil process — an injunction obtained quickly is more useful to the victim than waiting for criminal investigation and prosecution.
The civil cause of action has a 6-year limitation period under the Limitation Act 1980 — substantially longer than the 6-month period for criminal prosecution of summary offences. Victims who do not pursue criminal complaints promptly retain the civil remedy for a much longer period.
Application to landlord-on-tenant harassment
Landlords face liability under the 1997 Act in several common scenarios:
Repeated unwanted communications. A landlord who sends multiple aggressive texts, emails, or letters to a tenant — particularly after the tenant has asked the communications to stop — may commit harassment. Single unpleasant communications usually fall short of the section 1 standard, but persistent campaigns of contact can cross the line.
Unwanted visits and pressure tactics. A landlord who repeatedly visits the property without notice, particularly after being asked not to, may commit harassment. The conduct frequently overlaps with the harassment offence under section 1(3) of the Protection from Eviction Act 1977 but the 1997 Act regime is broader and has stronger civil remedies.
Intimidation and threats. Threats of violence, threats to make the property uninhabitable, threats to involve immigration authorities, threats to family members — these cross from ordinary tenant-management conduct into harassment, and can fall within section 4 if the victim genuinely fears violence.
Surveillance. Installing cameras pointing at the tenant's living areas, monitoring the tenant's movements, contacting the tenant's employer or family without legitimate reason — all of these can constitute harassment.
Successful claims by tenants against landlords under the 1997 Act have produced damages awards from £2,000 to £30,000+, plus injunctions preventing further contact. Some have led to criminal prosecution and conviction.
Application to tenant-on-landlord harassment
Less commonly but more recently, landlords have used the 1997 Act against tenants whose behaviour has become harassing. Typical scenarios:
Aggressive or abusive communications — repeated contacts, often with offensive content, that go beyond ordinary dispute about the tenancy.
Allegations to authorities. Where a tenant repeatedly makes false or unfounded allegations to local authorities, HMRC, immigration authorities, or the police, intending to disrupt the landlord's operations or cause personal distress, the conduct can constitute harassment.
Online campaigns. Tenants who post repeated negative reviews, social media posts, or other online content targeting the landlord personally — especially with abusive or false content — may be liable under the 1997 Act.
Following or contacting the landlord's family. Where a dispute escalates beyond the landlord-tenant relationship and the tenant pursues the landlord's personal contacts, the conduct typically meets the section 1 standard.
A landlord pursuing a 1997 Act claim against a tenant should typically seek civil remedies (injunction and damages) in parallel with any other action in respect of the underlying tenancy. The injunction is often the most useful remedy — preventing further harassment while the tenancy issues are resolved through other procedures.
Defences
The Act provides defences in section 1(3):
- Pursuit was for the purpose of preventing or detecting crime. Police investigations, private investigations into specific suspected crimes, and similar activities may fall within this defence.
- Pursuit was under any enactment or rule of law. Activity required by another statute (e.g. statutory inspection of premises, lawful service of legal notices) does not constitute harassment.
- Pursuit was reasonable in all the circumstances. The catch-all defence — particularly where the conduct alleged is the assertion of legitimate rights through normal communication channels.
Courts approach the "reasonable in all the circumstances" defence cautiously. A landlord who pursues legitimate concerns through proportionate communication will normally be within the defence; one whose conduct is excessive, persistent, or accompanied by threats will not.
Practical guidance
For landlords concerned about their own conduct
Document communications professionally. Keep tone polite and factual even where the tenant's conduct is provocative. Use written communication rather than visits or phone calls for substantive matters. Limit communication frequency to what is reasonably necessary. Where the relationship has broken down, communicate through a managing agent or solicitor rather than directly.
For landlords subject to tenant harassment
Document everything — dates, times, content of communications, any witnesses. Keep copies of all written communications and screenshots of social media or messages. Where harassment is escalating, take advice from a specialist property litigation solicitor early. Consider whether to seek an injunction quickly — speed matters in harassment cases. Where conduct involves threats or fear of violence, report to the police; even where prosecution is not pursued, the police record creates evidence for civil proceedings.
Authoritative sources
- Protection from Harassment Act 1997.
- Our Protection from Eviction Act 1977 guide — for the parallel housing-specific harassment offence.
- CPS guidance on stalking and harassment.