Protection from eviction: The basics

If you rent your home, it is likely that you will have some form of protection from eviction even after your agreement to occupy the property has come to an end.

Eviction may include forcibly removing you, changing the locks while you are out, or using threats to harass you into leaving.

Most renters will be protected from eviction by their landlord unless the correct legal process has been followed.

That process requires a landlord to first obtain a court order for possession and then a bailiff’s warrant for eviction.

What types of lettings are not protected from eviction?

There are some types of lettings which do not benefit from these protections; these include lodgers living with residential landlords and people staying in holiday accommodation. If this applies to you, your landlord may peaceably evict you without a court order after your agreement to occupy has come to an end – for instance by changing the locks.

However, it is still illegal for your landlord to use or threaten violence against you as a means of evicting you.

What is an illegal eviction?

If your landlord has either evicted or attempted to evict you without following the correct legal process, then this is likely to be an illegal eviction.

If that has happened to you, then it is likely you will be entitled to a civil remedy which may include compensation and/or an injunction requiring your landlord to either allow you to re-enter the home or stop harassing you.

Illegal eviction may also be a criminal offence. If a landlord is found guilty of the offence of illegal eviction, they may be sentence to up to six months imprisonment in the magistrates’ courts or 2 years in the crown court.

They can also be ordered to pay an unlimited fine in the criminal courts and a rent repayment order in the property tribunals if a criminal offence has been committed.

Our expert team can assist you if you have any questions about evictions or other aspects of housing law, contact us on 020 7940 4060 or send us an email at mail@anthonygold.co.uk.