Illegal eviction is when your landlord tries to make you live your home without following the correct procedure. Section 1 (2) Protection from Eviction Act 1977 prohibits any unlawful eviction, as it is deemed to be an offence for any person to unlawfully deprive a residential occupier of the premises that they occupy. Your landlord cannot evict you without following formal procedure. The first step is to serve you with a written notice; however the length of the notice period your landlord must give is dependent on the type of tenancy you have. Your landlord is then required to seek a possession order granted in the county court.
Your landlord might be guilty of illegal eviction if you have been:
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Forced to leave by physically throwing you out of the property
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Forced to leave by threats or harassment
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Evicted without a court order
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Left with your locks changed when you were out
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Stopped from getting into certain parts of your home
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Evicted without any notice from your landlord
You can only be required to leave your home if the county court has made a possession order against you. Any other attempt to evict you without following the appropriate legal procedure is an illegal eviction.
An action to prevent Harassment can also be taken against your landlord. Harassment can include anything which prevents you from living safely in your home, as it breaches your right to “quiet enjoyment” which includes the right to live peacefully in your home. By interfering with this right your landlord could be committing a criminal offence.
There are situations which are not within the control of the landlord; an example of such is when the property is being repossessed by their mortgage lender. Nevertheless, in such a situation the onus is on the lender to give you a notice period in order for you to secure another accommodation.
Illegal eviction is a criminal offence. The courts can to force your landlord to allow you back into your home and can award compensation. If you are being harassed or threatened with unlawful eviction please contact a member of our housing team today.
Portsmouth/Havant 02392 483322
Southampton 02380 631111