Landlords may be guilty of unlawful eviction if they don’t give their tenants the right amount of notice to leave their property, change the locks, or evict tenants without a court order. You can use our comprehensive guide to learn tenants’ rights, the legal steps that can be taken, the potential damages for unlawful eviction and how Lawhive can help.
What constitutes an unlawful eviction?
Unlawful eviction in the UK occurs when a landlord removes a tenant from a rented property without following the correct legal procedures. Unlawful eviction can also take place when a landlord harasses a tenant to the extent that they move out. The most common form of unlawful eviction takes place when landlords fail to provide proper notice or obtain a court order for an eviction.
Top 4 most common types of unlawful eviction
Unlawful eviction can be identified in many ways, though there are four common examples in the UK.
1. Failure to follow procedure
Landlords have to follow the correct legal procedures to evict a tenant and give tenants notice that they are seeking possession of the property. There are two types of legal notices that landlords can use to give tenants time to prepare to move out or challenge their eviction under certain circumstances. Landlords can serve a Section 8 notice or a Section 21 notice.
2. Lockouts
A lockout is when a landlord changes the locks to a property without giving notice to a tenant and without securing a court order for eviction. When a landlord changes the locks to a property without informing a tenant, or prevents them from accessing the property, this is an illegal eviction. This is the case even when a tenant hasn’t paid their rent.
4. Utility shutoffs
If a landlord shuts off your utilities this is considered harassment under the Protection from Eviction Act 1977. Shutting off utilities can also be considered a form revenge eviction if carried out after a tenant has complained about repairs not being done, or the poor condition of their property.
3. Harassment
There are various types of landlord harassment that occur. For example, landlords must also not interfere with a tenant’s peace and comfort by sending them abusive messages or letters, or being threatening or abusive in person. Tenants should document any instances of abuse or threats that occur, as these can stand them in good stead if they take their landlord to court.
Legal rights of tenants facing unlawful eviction
Tenants have a number of rights and protections under the law when facing unlawful eviction from landlords.
Right to due process
Landlords must follow the correct legal procedure and tenants are entitled to written notice and a court order for eviction. When serving a Section 21 notice, landlords need to give tenants at least two months' notice. This can be longer for contractual’ periodic tenancies. For Section 8 notices, landlords must give between 2 weeks and 2 months’ notice depending on which contractual terms they’ve broken.
Additionally, landlords may not make evictions themselves. If tenants fail to leave after the landlord has escalated from a section 8 or section 21 notice to a possession order and then a warrant of possession, they may not use force. Only a court bailiff may execute a warrant to remove a tenant.
Protection against harassment
Tenants have rights under the Protection from Eviction Act 1977, including protection from harassment and illegal eviction tactics by landlords. To constitute harassment the behaviour must occur on at least two occasions.
Right to reinstatement
If a tenant is unlawfully evicted, they may have the right to reinstatement, this restores their possession and tenancy rights from the property they were evicted from. Court orders can be sought to oblige a landlord to allow a tenant to reoccupy a property.
A court can also set aside a warrant of eviction if it was obtained fraudulently or the legal process was abused. A landlord abuses the process of getting a warrant of eviction when their tenant is prevented from applying to stay the warrant, or the council evicts them without notice.
Tenants can also apply to the county court to reinstate their tenancy if they had good reason not to reply to an eviction notice. A good reason could be that they were abroad caring for a sick relative. There is a time limit of six months from the day that the notice was served to apply.
Legal remedies for unlawful eviction
If you find yourself illegally evicted, there are several potential legal remedies that a solicitor can help you with.
Reinstatement of tenancy: To have a tenancy reinstated after unlawful eviction, a tenant must apply to the court for an injunction.
Criminal charges against landlords: Landlords can face criminal charges for illegal eviction. Unlawful eviction is a criminal offence and can result in unlimited fines of up to two years in prison and a banning order which prevents them from operating as a landlord, depending on the severity of the case.
Claiming Compensation: Tenants can claim compensation when they have been unlawfully evicted. There are factors that influence the compensation amount, such as loss of accommodation, stress, or harassment. How much compensation you get also depends on your tenancy type. If your landlord was violent or harassed you, the court can tell them to pay you more.
How to prevent unlawful eviction (for landlords)
Being accused of unlawful eviction is a serious outcome for landlords. We mentioned the potential criminal consequences, however, being accused can also cost you time and money in fighting legal battles and prevent you from focusing time on managing your properties. There are a few key steps you can take to avoid being accused of unlawful eviction as a landlord:
Follow the legal process
Landlords can legally evict a tenant by following the correct legal process which includes issuing the correct notice and obtaining a court order if necessary. Read our guide on illegal evictions to learn more.
Understanding the types of tenancies
The eviction process varies for different tenancy types, including assured shorthold tenancy (AST) and excluded tenancy. For ASTs, landlords must give tenants a written notice to quit. In an excluded tenancy, a landlord only needs to give tenants a ‘reasonable‘ notice to quit, which doesn’t need to be in writing. A reasonable notice is usually the length of the rental payment period.
Landlords should avoid accusations of harassment by maintaining professional communication and adhering to tenants’ rights. Make sure to document discussions you have with tenants in writing, follow the terms of the lease when communicating with them or entering the property and ensure you follow the correct procedures when serving an eviction notice to tenants.
Costs and fees involved
There are common costs and fees involved in cases of unlawful eviction for both tenants and landlords.
Tenant legal fees: The costs tenants may face when pursuing a case of unlawful eviction, include court fees and solicitor costs. There are also options for finding legal aid on Gov.uk
Landlord legal fees: Landlords also face costs in unlawful eviction cases, these can include the costs of hiring a solicitor to defend an unlawful eviction claim and the fines or compensation they may be ordered to pay if found guilty
How long does the legal process take to challenge an unlawful eviction?
The process tenants have to face to challenge an unlawful eviction in the UK can take a few months. Possession hearings are held at county courts, they are usually set 4 to 8 weeks after a court sends out the hearing paperwork. If you receive an accelerated possession order you have 14 days to challenge it.
Why choose Lawhive for unlawful eviction advice?
Our team of experienced solicitors are on hand if you need eviction advice. Here's how we can help:
Expertise in tenant and landlord law: Our lawyers have extensive experience in handling unlawful eviction cases, from providing advice to representing clients in court.
Fast and effective solutions: Our streamlined online process and use of technology ensure quick legal support for tenants and landlords, helping resolve disputes efficiently.
Client-centric approach: We’re focused on understanding your specific needs, whether you are a tenant seeking protection or a landlord needing guidance on the legal eviction process.
Legal eviction advice for tenants and landlords
Understanding tenant rights and the legal process for evictions is essential for landlords to prevent disputes and unlawful actions. It’s also instrumental for tenants to assert their rights and avoid being unlawfully evicted from their home.
Our solicitors can guide landlords through the complex process of serving eviction notices and advise tenants when the process hasn’t been correctly followed and whether damages may be due. If you’re a tenant who believes they have been unlawfully evicted or a landlord seeking advice on the eviction process or a dispute contact Lawhive for expert legal support today.
References: