Unlawful Eviction: Understanding Your Rights as a Tenant | LegalDocuments.co.uk

Overview

Unlawful eviction is, in simple terms, a landlord removing a tenant (or trying to) without going through the legal process. The Protection from Eviction Act 1977 makes it a criminal offence to evict most residential occupiers without following the correct procedure, and separate civil remedies allow tenants to claim damages and, in some cases, be put back into the property.

For nearly all private renters, the lawful route involves serving a valid notice (such as a section 21 or section 8 notice for assured shorthold tenancies), obtaining a possession order from the county court if the tenant does not leave, and then using county court bailiffs or High Court enforcement officers to carry out the eviction. Anything short of this, whether the landlord changes the locks while you are at work, physically removes your belongings, or cuts off utilities to force you out, is likely to be unlawful.

The protections apply to most tenants and many licensees, though the position differs for those who share living accommodation with their landlord.

Key steps

1. Document what has happened. Write down exactly what your landlord has done, with dates, times, and any witnesses. Keep copies of text messages, emails, letters, and voicemails. Take photographs of changed locks, damaged belongings, or disconnected utilities. This contemporaneous record becomes powerful evidence if you later need to go to court or report the matter to your local council.
2. Contact your local council's tenancy relations or housing team. Most councils have officers whose specific role is to investigate unlawful eviction and harassment. They can approach the landlord, explain the law, and in serious cases bring a criminal prosecution. This service is free, and councils often resolve matters faster than the courts, particularly where the tenant wants to get back into the property quickly.
3. Call the police if you are being threatened or locked out. While officers sometimes treat eviction as a civil matter, threats of violence, criminal damage, and harassment are all criminal offences in their own right. Ask the police to attend and explain that unlawful eviction is itself a crime under the Protection from Eviction Act 1977. Always request an incident or reference number for your records.
4. Consider an injunction to get back into the property. If you have been locked out, a county court can grant an emergency injunction ordering the landlord to let you back in, sometimes within hours or days. You may also be able to claim damages for the period you were excluded. Legal aid is still available for many unlawful eviction and harassment cases, so it is worth checking your eligibility before paying privately.
5. Preserve your tenancy rights going forward. Even after you are back in, keep paying your rent on time and continue to meet your obligations under the tenancy. This removes any excuse the landlord might later rely on and strengthens your position if the dispute continues. If the landlord then wishes to end the tenancy, they will need to follow the proper notice and court procedure like any other landlord.

Common questions