The answer is unequivocal: no. A landlord cannot lawfully evict a tenant without a court order. Attempting to do so is a criminal offence under the Protection from Eviction Act 1977. With the Renters' Rights Act 2025 tightening the rules from 1 May 2026, understanding this is more critical than ever.
The Legal Position
The Protection from Eviction Act 1977 makes it a criminal offence to unlawfully deprive a residential occupier of their home. It is also an offence to do acts likely to interfere with the peace and comfort of the occupier with intent to make them leave. The only lawful way to remove a tenant is to obtain a possession order from the county court and, if needed, a warrant of possession authorising bailiffs to carry out the eviction.
What Counts as Illegal Eviction?
- Changing the locks while the tenant is out
- Removing the tenant's belongings from the property
- Cutting off gas, electricity, or water
- Entering the property without permission and refusing to leave
- Threatening the tenant with violence or consequences if they do not leave
- Persistently harassing the tenant to pressure them into leaving
Even if the tenant owes thousands in rent, has damaged your property, or is engaging in anti-social behaviour, you cannot take the law into your own hands.
Criminal Penalties
Illegal eviction is punishable by up to two years' imprisonment and an unlimited fine. Prosecutions are typically brought by the local authority's tenancy relations officer. While custodial sentences are uncommon for first offences, fines can be substantial and a criminal conviction has serious consequences for your ability to operate as a landlord.
Civil Damages
A tenant who has been illegally evicted can bring a civil claim under section 27 of the Housing Act 1988. Damages are calculated by reference to the difference in property value with and without the sitting tenant, which can amount to tens of thousands of pounds. The tenant can also claim for alternative accommodation costs, damage to belongings, and general damages for distress.
Rent Repayment Orders
Under the Housing and Planning Act 2016, a tenant can apply to the First-tier Tribunal for a Rent Repayment Order requiring the landlord to repay up to 12 months' rent. This can be made whether or not the landlord has been convicted.
The Only Exception: Excluded Occupiers
There is one narrow exception. Excluded occupiers — primarily lodgers who share living accommodation with their landlord — do not have the same protection. If you have a lodger sharing your kitchen, bathroom, or living room, you can ask them to leave with reasonable notice without a court order. This does not apply to tenants with self-contained accommodation.
What You Should Do Instead
Follow the correct legal process: serve a valid Section 8 notice, wait for the notice period to expire, apply to the county court for a possession order, and if the tenant still does not leave, apply for a warrant of possession. This process takes time and costs money, but it is always cheaper than the consequences of illegal eviction.
Take Action
Protect yourself by following the correct process. Generate your document pack to get properly formatted Section 8 notice templates and compliance documents.
Learn more about the timeline in How Long Does Eviction Take in the UK?, or read about the consequences of getting it wrong.