Unlawful Eviction & Harassment: Tenant Rights Explained

The Correct Legal Process

Whatever the reason a landlord wants a tenant to leave — rent arrears, the end of a fixed term, or a wish to sell — English and Welsh law requires them to follow a specific legal process: serving the correct notice (such as a Section 21 or Section 8 notice), obtaining a court possession order if the tenant does not leave voluntarily, and, if still necessary, having court bailiffs — not the landlord themselves — carry out the physical eviction. Skipping any of these steps makes the eviction unlawful, regardless of how valid the underlying reason for wanting possession might be.

What Counts as Unlawful Eviction

• Changing the locks while the tenant is out, without a court order
• Physically removing the tenant or their belongings from the property
• Forcing entry to remove a tenant, with or without their possessions
• Telling a tenant to leave immediately and treating the tenancy as ended without following any legal process at all

This applies regardless of whether rent is owed, or the fixed term of the tenancy has technically expired.

What Counts as Harassment

Harassment covers a landlord's conduct falling short of a full eviction, but intended to pressure a tenant into leaving or to interfere with their right to live in the property peacefully:

• Cutting off or interfering with gas, electricity or water supplies
• Persistent unannounced visits or entering without proper notice
• Removing doors, windows or other essential fixtures
• Threatening or abusive behaviour towards the tenant or their visitors
• Withholding keys or access to shared parts of the property

Getting Emergency Help

If you are locked out or being unlawfully evicted, contact your local council's Tenancy Relations Officer or housing enforcement team as a priority — many operate an emergency out-of-hours line specifically for illegal eviction. Do not attempt to force entry yourself. In urgent cases, a solicitor can apply for an emergency court injunction that may require the landlord to reinstate access the same day.

A Criminal Offence

Both unlawful eviction and harassment are criminal offences under the Protection from Eviction Act 1977, and can be prosecuted by the local council or police, independently of any separate civil claim the tenant brings. Reporting the conduct to the council also creates an official record that can support a later compensation claim.

Claiming Compensation

Alongside any criminal prosecution, a tenant can bring a civil claim for damages. In serious cases, damages have been calculated by reference to the difference in the property's value with a sitting tenant versus vacant possession — potentially a substantial sum — alongside compensation for distress, inconvenience, lost belongings, and the reasonable cost of alternative accommodation. Use our Budget Planner to track any emergency accommodation costs you incur.

FAQs