Unlawful eviction & Harassment
Protecting tenants from eviction
Landlords and letting agents must follow the correct procedures to evict tenants giving proper notice. Certain actions are likely to count as illegal eviction and your landlord may be committing an offence if they:
- change the locks while you are out
- threatens you or forces you to leave
- physically throws you out
- stops you from getting into certain parts of your home.
- Withholds services such as gas or electricity
If this happens to you:
- Do not give up your keys and leave the property
- Seek advice from the council or obtain legal advice - they may be able to help you negotiate, and in extreme circumstances, they may prosecute landlords or issue a Civil Penalty of up to £40,000.
- Advise the landlord that you are going to obtain assistance from the Council or seek legal advice
If your landlord is violent towards you or anyone in your household, this is a criminal offence and you should contact the Police immediately on 999. Unlawful eviction is also a criminal offence, it is not just a civil matter.
The proper procedure for evicting you depends on the type of agreement you have with your landlord, and the reasons why they want you to leave. In most cases, this will usually involve giving you notice and getting a court order. The only person who is legally allowed to evict you from your home is a court bailiff but if you live with your landlord or a member of your landlord's family, you may have fewer rights.
What you should do
You may contact Shelter for further information who also have template letters if you are faced within harassment or eviction.
If you need emergency housing advice from the Council you may contact Housing Options on 01827 715341.
You may also be able to:
- Make your own civil claim against the landlord
- force your way back into the property (as long as it's safe and legal to do so)
- Apply for a Rent Repayment Order of up to two years rent