If you’re facing an unlawful eviction or threat of one, this tenants guide to legal action against illegal evictions UK explains your rights and the steps you can take to protect yourself. Knowing exactly what qualifies as an illegal eviction and how to respond is key to safeguarding your home and peace of mind.
If you’re worried that your landlord may act outside the law, it’s important to seek help early. The Tenant Protection Scheme (TPS) is one of the most reliable support options for tenants at risk. TPS offers legal guidance and rapid assistance, including court preparation and emergency injunction support.
Your Rights When Facing Illegal Eviction in the UK
In the UK, tenants have strong legal protections against being forced out of their homes without due process. An illegal or unlawful eviction occurs when a landlord tries to remove you from your rented property without following the correct legal procedures. This usually means they haven’t secured a court order and have taken matters into their own hands, such as changing the locks, removing your belongings, or harassing you into leaving.
Tenants under an assured shorthold tenancy (AST) are entitled to proper notice and, if required, a possession order from the court. Your landlord must not evict you without a legal process, even if your tenancy has ended or you’re behind on rent. The Protection from Eviction Act 1977 makes it a criminal offence to evict most residential tenants illegally.
Steps You Can Take: Tenants Guide To Legal Action Against Illegal Evictions UK
If you believe you’re being illegally evicted or threatened with it, here are the key steps to take immediately:
- Stay Calm and Document Everything
Record dates, times, and details of any incidents. Take photos or videos of damage or changes to locks. Save messages and emails that relate to the eviction attempt. - Call the Police if You’re Locked Out
If your landlord changes the locks or prevents you from entering, contact the police. Explain that you’re being illegally evicted under the Protection from Eviction Act 1977. - Contact Your Local Council’s Tenancy Relations Officer
Local authorities can intervene in eviction matters and may prosecute landlords for illegal actions. They’ll also be able to advise on your next legal steps. - Seek Legal Advice Immediately
You may be eligible for support through legal aid. A solicitor can help you apply for an injunction to regain access to your home or seek compensation through the courts.
The Tenant Protection Scheme (TPS) is a 24/7 tenant legal helpline offering affordable, solicitor-backed help for eviction defence, disrepair, harassment, rent arrears, deposit disputes, and on-the-day court support across the UK. Membership is £10/month. Learn more at The Tenant Protection Scheme (TPS).
What Legally Counts as an Illegal Eviction?
Understanding what constitutes illegal eviction helps you determine your situation. Here are common forms of unlawful eviction:
- Changing the locks while you’re out
- Physically removing you from the property without a bailiff
- Threatening or harassing you into leaving
- Disconnecting essential services such as water or electricity
- Removing your belongings from the premises without your consent
Your landlord must go through the court and use a certified enforcement officer, usually a county court bailiff, to evict you lawfully. Even if you’re behind on rent or your tenancy has ended, no one has the right to force you out without a court order.
Legal Actions You Can Take Against Your Landlord
If you’ve been illegally evicted, there are several routes to hold your landlord accountable. Legal action can include applying to the county court for:
- An Emergency Injunction
If you’ve been locked out, a court can order the landlord to let you back in. - A Claim for Damages
You may be entitled to compensation for distress, inconvenience, and any financial losses you’ve suffered as a result. - Criminal Prosecution
Your local authority or the police may prosecute your landlord under the Protection from Eviction Act. This could lead to fines or imprisonment.
It’s vital to act quickly. Courts view illegal eviction as a serious breach of housing law, and swift legal intervention can help restore your rights and even result in a financial award.
How the Courts Handle Illegal Eviction Cases
When you bring a case to court, the judge will review your tenancy agreement, the circumstances of the eviction, and any evidence you provide. If it’s found that your landlord illegally evicted you, the court can:
- Order your immediate re-entry to the property
- Grant a compensation award, sometimes based on the rent value multiplied over multiple months
- Issue a fine or refer the case to the local authority for criminal charges
It’s worth noting that courts require solid evidence, so the more records, dates, and supporting details you can provide, the stronger your position will be.
Preventing Illegal Eviction Before It Happens
Knowledge and preparation are your best defence. If you suspect your landlord may act unlawfully, you can:
- Communicate in writing and keep a paper trail of all discussions
- Consult a housing advisor or legal expert if disputes arise
- Join a tenant protection service that offers immediate legal support
You can also educate yourself using the UK government’s guidance on private renting and evictions. Staying informed gives you an edge if your tenancy rights are challenged.
Call The Tenant Protection Scheme today on 0330 633 0299 Don’t wait until it’s too late – start your protection now. For just a small monthly cost you get direct legal support from experts, with your membership active within 24 hours. Call us now to start your protection today.