Unlawful Eviction and Illegal Eviction

Unlawful eviction is a significant issue in England and Wales, affecting tenants’ rights and housing stability. It occurs when a landlord or their agent evicts a tenant without following the proper legal procedures. This topic is crucial for both tenants and landlords to understand, as the legal ramifications and protections are extensive.

Expert Commercial Law have a panel of solicitors on hand to provide legal advice and assistance to those who have suffered harassment and illegal evictions.

What is unlawful eviction?

Unlawful eviction is defined as the removal or exclusion of a tenant from their rented property without a court order.

The Housing Act 1988 and the Protection from Eviction Act 1977 are the primary pieces of legislation governing this area. According to these laws, landlords must follow specific procedures. These include serving the correct notice period and obtaining a possession order from the court. This should be done before making a residential occupier leave the property.

The Housing Act 1988 outlines the grounds upon which a landlord can seek possession of a property. The Protection from Eviction Act 1977 provides protections against harassment and illegal eviction.

Under the Protection from Eviction Act 1977:

“If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.”

Landlords must issue a Section 21 or Section 8 notice, depending on the circumstances. They must also wait for the notice period to expire before applying for a possession order.

Tenants’ rights

Tenants have a number of rights designed to protect them from unlawful eviction. They are entitled to live in their rented property without interference from the landlord.

This right is provided they adhere to the terms of their tenancy agreement. Tenants cannot be evicted without proper notice and a county court order. If a landlord attempts to evict a tenant without following these procedures, the tenant can seek legal redress.

Tenants who believe they are being unlawfully evicted can contact their local council’s housing department, who can intervene on their behalf. They can also seek assistance from organisations such as Shelter and Citizens Advice. In cases of unlawful eviction, tenants may be entitled to return to the property and claim compensation for any losses incurred.

How can Expert Commercial Law assist?

The solicitors on our panel provide expert legal advice on landlord and tenant disputes, including unlawful eviction. They can also assist potential defendants in their cases if a claim is brought against them.

Our panel firms provide expert legal advice and can help protect their clients’ rights and interests. They can also help evaluate the strength of the case and advise on the best course of action. If you need help with a dispute surrounding land or property ownership, then please get in touch with us today. Our panel firms have extensive experience in land and property disputes.

Our solicitors also help with commercial claims, such as partnership disputes, fraud claims and CCJ removal.

Unfortunately, we cannot assist with housing disrepair cases.

Please note we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a freezing injunction query or a commercial law case, we will pass your case on to a panel firm in return for a fee from our panel firms. We will never charge you for passing your case to a panel firm.