Landlord and tenant update: Prevention from illegal eviction

As discussed in earlier articles, a landlord must follow a strict procedure to regain possession of their property from a tenant. The procedures followed will depend upon the type and term of the tenancy that the tenant has for the property.

A landlord must serve a valid notice on a tenant if the tenant fails to vacate the property after the notice period expires. A landlord can only legally evict them with a court order.

A landlord can not use force to evict a tenant. The landlord can not change the locks on the property without a court order. To do so could result in the landlord being found guilty of illegally evicting their tenant. Illegal eviction is a criminal offence.

Most tenants are protected under the Protection from Eviction Act 1977, which protects tenants against harassment and illegal eviction by landlords.

The Police and Local authorities have enforcement powers to tackle illegal evictions and can investigate offences of harassment and illegal eviction under the Protection from Eviction Act 1977. 

This article is intended for general information purposes only and should not be relied upon in place of specific legal advice. If you have a landlord and tenant-related query, please do not hesitate to contact our litigation team for advice and assistance.