Skip to content

Illegal Eviction

Removing a tenant from a property without following the lawful court possession process, prohibited by section 1 of the Protection from Eviction Act 1977. A criminal offence punishable by up to 2 years' imprisonment plus civil damages under Housing Act 1988 sections 27-28 (statutory damages can run to tens of thousands of pounds).

The Protection from Eviction Act 1977 criminalises unlawful eviction (s.1(2)) and harassment (s.1(3)). To lawfully evict, a landlord must serve a valid notice (Section 21 or Section 8), obtain a possession order from the County Court, and have bailiffs (or High Court Enforcement Officers) execute the order. Changing locks, removing tenant's belongings, cutting utilities, or threats to make the tenant leave are all unlawful. Civil remedies include damages under HA 1988 ss.27-28 (the 'difference in value' formula), Rent Repayment Orders, injunctions, and Criminal Behaviour Orders for serial offenders.

Official guidance Back to glossary