Illegal Eviction: Criminal Offences and Civil Remedies

The Protection from Eviction Act 1977 creates two main criminal offences:

• Section 1(2) — unlawful eviction: depriving the residential occupier of their occupation, or attempting to do so, without a court order. Locking you out of the property, changing the locks, removing your belongings, or refusing to let you back in after you go out are all covered.
• Section 1(3) — harassment: doing acts likely to interfere with the peace or comfort of the residential occupier or members of their household, with intent to cause the occupier to give up occupation or refrain from exercising a right or remedy. Cutting off utilities, removing windows or doors, threats, repeated unwanted visits, persistent intimidation, and obstructing repairs are typical examples.

Both offences require the prosecution to prove the perpetrator was a "landlord" within the meaning of the Act (which includes their agents and anyone acting on their behalf) and that the victim is a "residential occupier" (which is broad — see the next section).

Since the Criminal Justice and Public Order Act 1994 the offences also explicitly extend to persons acting on behalf of the landlord. So a contractor changing the locks at the landlord's request is committing an offence personally.

The Protection from Eviction Act 1977 protects residential occupiers. The test is broad and tenant-favourable:

• Tenants under any kind of tenancy — assured shorthold, assured (post-RRA), regulated, fully protected, and the new periodic tenancies under the Renters' Rights Act 2025.
• Statutory tenants remaining after the contractual term has ended.
• Licensees who have exclusive possession of a self-contained part of the property (e.g. some bedsits, some supported-accommodation arrangements).
• Occupiers under restricted contracts created before 15 January 1989.
• Family members of any of the above living with them.

The Act does not cover:

• Excluded tenancies and licences under section 3A — these include genuine lodgers who share living accommodation with the landlord, holiday lets, hostel residents in some categories, and certain trespassers. Excluded occupiers can be evicted by reasonable notice (often days, not months) without going to court — but force or threats are still potentially criminal under the Public Order Act 1986 or Protection from Harassment Act 1997.
• Tenants of resident landlords in some narrow cases — but only where the landlord lives in the same building (not a separate flat in a block).

If you are unsure whether your tenancy is excluded, get free advice before assuming you have no protection. Shelter and Citizens Advice both run dedicated helplines.

If you have just been locked out, your belongings removed, or your utilities cut off without a court order:

1. Stay safe first. Do not break back in if it would risk violence. If you are at risk of physical harm, call 999.
2. Document everything immediately. Photograph the changed locks, removed belongings, the property exterior, any damage. Note the time, the names of anyone involved (including witnesses), and what was said. Save text messages, voicemails, and emails.
3. Call the police on 101 (or 999 if violence is involved). Illegal eviction is a crime. Some police officers initially try to treat it as a civil matter — be firm: cite Section 1 of the Protection from Eviction Act 1977. Get the crime reference number. Ask for an officer to attend to keep the peace while you re-enter the property if it is safe to do so.
4. Call your council's Tenancy Relations Officer (TRO) — every English local authority has at least one. They have power to investigate and to instigate criminal prosecution. They will often attend with you and can speak to the landlord directly. Search 'tenancy relations officer' + your council name.
5. Call Shelter on 0808 800 4444 (free, open 8am–8pm weekdays and 9am–5pm weekends). They can also instruct an emergency solicitor for an injunction the same day if needed.
6. Apply for an injunction if you are still locked out. Under the Housing Act 1988 s.27 the court can order the landlord to readmit you immediately. This can be done as an urgent application without notice (ex parte) — a solicitor can do this within hours for a strong case. Legal aid is available subject to means.
7. Find safe alternative accommodation if you cannot get back in immediately. Your council has a duty to provide emergency accommodation if you are homeless and in priority need (children, pregnant, vulnerable). Apply via the council's homelessness team.

Even after you have secured re-entry (or alternative accommodation), three financial routes are open to you:

1. Statutory damages under Housing Act 1988 s.27 and s.28. These are calculated as the difference between the value of the landlord's interest with you in occupation and the value with you out — in other words, the windfall the landlord gained by getting rid of you. In rising rental markets this can be substantial: case law on s.28 has produced awards from £5,000 to over £80,000 depending on the rent levels and security of tenure. The award is reducible for tenant fault, but not eliminable.
2. Damages for trespass to goods and conversion if your possessions were removed or damaged. Document everything and ask for market-value or replacement-value damages.
3. Rent Repayment Order under the Housing and Planning Act 2016 s.40–52. The tribunal can order the landlord to repay up to 12 months of rent (or up to 12 months of housing-benefit/UC housing element if you were getting benefit). RROs apply where there is a conviction or a sufficient evidential basis even without a conviction. Free advice from your council's TRO or Shelter on whether your case qualifies.

The criminal route (police prosecution) and the civil route (damages, RRO, injunction) run in parallel. You don't have to choose. Some tenants pursue all three. Compensation under the civil routes is usually higher and more reliable than the fine the criminal court would impose.

The Renters' Rights Act 2025 has uplifted the maximum penalties for s.1 PEA 1977 offences. Magistrates' courts can now impose an unlimited fine (formerly £5,000). The Crown Court can impose up to 2 years' imprisonment for the most serious cases involving violence, vulnerable victims, or repeated offending. Some councils have brought civil penalties of up to £30,000 under the Housing and Planning Act 2016 in lieu of prosecution.