Every year, landlords in England face criminal prosecution and substantial civil damages for attempting to evict tenants without following the legal process. Illegal eviction is not a technicality — it is a criminal offence with serious consequences. With the Renters' Rights Act 2025 coming into force on 1 May 2026, enforcement is expected to increase.
What Is Illegal Eviction?
Illegal eviction occurs when a landlord unlawfully deprives a residential occupier of their home without a court order. It is criminalised by the Protection from Eviction Act 1977, which also makes it an offence to harass a tenant with intent to make them leave.
Common examples include:
- Changing the locks while the tenant is out
- Removing the tenant's belongings
- Cutting off gas, electricity, or water
- Physically forcing the tenant to leave
- Threatening or intimidating the tenant into leaving
- Entering the property uninvited and refusing to leave
It does not matter what the tenant has done. Even if they owe months of rent or have damaged the property, you cannot remove them without a court order.
Criminal Penalties
Under section 1 of the Protection from Eviction Act 1977, illegal eviction carries up to two years' imprisonment and an unlimited fine. Prosecutions are most commonly brought by the local authority. While custodial sentences are relatively rare for first offences, they do occur where violence was involved, the tenant was vulnerable, or the landlord had been warned previously. Fines are common and can be substantial.
Civil Damages
Section 27 of the Housing Act 1988 gives tenants the right to claim damages. The measure is 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, loss of belongings, and general damages for distress. Civil and criminal proceedings can run in parallel from the same incident.
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. The Tribunal can make this order whether or not the landlord has been convicted.
Local Authority Enforcement
Local authorities have a range of additional enforcement powers. For offences under the Protection from Eviction Act 1977 — illegal eviction and harassment — the route is criminal prosecution, which can result in an unlimited fine and up to two years' imprisonment on indictment. Separately, under the Housing Act 2004, local authorities can issue civil penalties of up to 30,000 pounds for specified housing offences such as failure to licence an HMO or breach of an improvement notice. These are distinct regimes and should not be confused. Under the Renters' Rights Act 2025, local authorities will for the first time be able to issue civil penalties for illegal eviction offences, with penalties of up to 7,000 pounds for an initial or minor breach and up to 40,000 pounds for serious, persistent, or repeat breaches. Local authorities can also add landlords to the Rogue Landlord Database and apply for banning orders preventing the landlord from letting any property.
The Correct Process
The only lawful way to evict is through the courts: serve a valid Section 8 notice, wait for the notice period to expire, apply for a possession order, prove your case at the hearing, obtain the order, and if the tenant still does not leave, apply for a warrant of possession authorising bailiffs. There are no shortcuts, and attempting to bypass the process will always cost more in the long run.
Practical Advice
No matter how frustrated you are, never take matters into your own hands. Do not change the locks, remove belongings, cut off utilities, or try to intimidate a tenant into leaving. Follow the process, keep records, and seek legal advice if you are unsure. The cost of doing it properly is always less than the cost of an illegal eviction claim.
Take Action
Protect yourself by following the correct legal process. Generate your document pack to get Section 8 notice templates and compliance documents that keep you on the right side of the law.
For the full eviction timeline, read How Long Does Eviction Take in the UK?. Check your overall compliance with our free RRA Compliance Checker.