Illegal Eviction
What is it?
Most people who rent their homes can only be forced to leave by the landlord (or the landlord's agent) giving them proper notice and then applying for a court order. It is a criminal offence for your landlord to avoid or attempt to avoid these procedures.
NOT ALL tenants are entitled to a court hearing before being evicted. The degree of protection from eviction that you have will depend on the nature of your tenancy agreement.
If you are unsure as to what type of tenancy you have speak to one of the housing advisers in the Advice and Counselling Centre, E297.
At the very least you should be entitled to reasonable notice from your landlord or their agent.
Illegal eviction includes:
- locks being changed when you are out
- being physically removed from the property
- being prevented from having access to part or all of your home
The offence can be committed by anybody, not just your landlord or their agent.
What can I do?
If you are threatened with, or have been illegally evicted, you should seek expert advice, as soon as possible.
There are a number of legal remedies available, including a court order to force your landlord to stop the threats or where appropriate to let you back in the property.
It may be that you are entitled to compensation for damage to your property, general inconvenience or damage to your physical and mental health.
Can I force re-entry if I've been illegally evicted?
If you have been illegally evicted and want to get back into the property but do not have access (e.g. where the locks have been changed) you should first try contacting a tenancy relations officer. Ring the switchboard of your local council (e.g. Westminster, Camden etc) and ask to be put through to the Tenancy Relations Office.
S.6 of the Criminal Law Act 1977 provides that reasonable force can be used to reinstate an illegally evicted occupier.
You should not do this on your own!
A tenancy relations officer can ensure a police presence to preserve a possible breach of the peace and having gained re-entry will write to your landlord confirming re-entry and warning against future illegal action.
