Illegal Eviction

A landlord can normally only make a tenant leave their property by executing a court issued warrant for their eviction.

There are several steps a landlord must take to obtain a warrant for your eviction. They must comply with all these steps before they can lawfully require you to leave your home.

In most cases your landlord will need to serve you with Notice Seeking Possession or a notice to quit before issuing possession proceedings. The notice will give you a fixed period of time to vacate the property, after which a claim for possession can be issued.

After this your landlord must obtain an order for possession from the Court, and then if you have not vacated the property by the date specified in that order, they must obtain a separate warrant of eviction before being able to lawfully evict you. The eviction warrant will specify an execution date, which is the date that court bailiffs can attend the property and execute the possession order.

If your landlord has not followed this procedure, you may be able to bring a claim for illegal eviction. In such a claim you can seek the following:

• an urgent order reinstating to your home (assuming the property has not been re-let).
• Damages for the distress caused to you of being unlawfully evicted.
• Damages to cover any specific losses you have incurred, such as the cost of paying for alternative accommodation, or any items of your belongings that have been lost or damaged.

The following are examples of behavior that could be challenged in a claim for illegal eviction:

• If your landlord has threatened or harassed you, which has resulted in you leaving the property;
• If your landlord has changed the locks at the property, or threatened to do so, at any point before the execution of a warrant from the court;
• If your landlord has tried to force or coerce you to leave the property by making threats of violence or trying to physically remove you from the property;
• If your landlord has taken your belongings from the property, damaged them, or has prevented you from having access to your belongings at the property;
• If your landlord has stopped the supply of gas, electricity or water in an effort to compel you to leave the property.
• If your landlord has said or done anything else that has led you feeling you are forced to leave your home.

What do I need to do?

If your landlord has evicted you from the property without obtaining and executing a warrant you should seek urgent legal advice.

You may be able to bring a claim against your landlord for unlawful eviction, seeking an injunction order to compel your landlord to allow you back into the property, as well as seeking compensation.

You should keep any evidence you have following the unlawful eviction, including receipts for any additional expenses you have incurred; for instance the cost of having to book a hotel room after you were excluded from your home. These kinds of expenses may be recoverable from your landlord.

Illegal Eviction – Case Study

Our client AN occupied temporary accommodation provided to her by the Local Authority. AN had been in this temporary accommodation for several years. AN suffered from bi-polar disorder and needed a lot of care and support. She would often visit family members away from the property. AN was away for a week staying with her sister. In that week the Local Authority visited the property twice to find that AN was not there. On this basis alone the Local Authority arranged for their managing agent to change the locks. AN returned to the property to find a warning pinned on the door stating that any attempt to enter the property would result in a prosecution for trespass. AN asked Osbornes Law for assistance.

Osbornes wrote to the Local Authority and threatened them with immediate court action if they did not allow AN back into the Property. The Local Authority at first sought to blame the agents they had employed to let the property to AN and denied any wrongdoing. However, the Local Authority ultimately accepted that it had to return AN to the property. The Local Authority denied that it had “formally evicted AN”. Our solicitor pointed out to the Local Authority that an “informal eviction” was an unlawful eviction and that the Local Authority should have served AN with a Notice to Quit, obtained a court order and then obtained a warrant to evict her. The Local Authority had not done this, so had unlawfully evicted N.

The Local Authority agreed to allow AN back into the property and settled the case. AN had been unlawfully excluded from the property for a period of 4 days and had been staying with her sister for that period. AN was made an offer of compensation for £1,500.00 which she accepted. She continued to reside at the property.

Useful links

Gov.uk: Private renting for tenants: evictions

https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

Shelter: What is illegal eviction?

https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction

Shelter: What you can do about illegal eviction

https://england.shelter.org.uk/housing_advice/eviction/what_you_can_do_after_illegal_eviction