Illegal eviction is when a landlord or another person deprives a tenant of their home without following the correct legal process. Tenants are entitled to “quiet enjoyment”, which means they have a legal right to live in the property as their home. Landlords must obtain the tenant’s consent before entering  their home.
Most tenants are protected under the Protection from Eviction Act 1977 which protects tenants against harassment and illegal eviction by landlords. Harassment can be anything a landlord does, or fails to do, that makes a tenant feel unsafe in the property or forces them to leave.
Landlords are required to get a court order and ask bailiffs to evict the tenant. Local authorities have enforcement powers to deal with harassment and illegal eviction.
Local authorities have enforcement powers to tackle illegal evictions. Local authorities can investigate offences of harassment and illegal eviction under the Protection from Eviction Act 1977 and, if the evidence justifies it, prosecute where an offence has been committed.
In cases where the landlord has been convicted of acting illegally, they may be subject a rent repayment order, a fine and/or imprisonment for up to 2 years. The landlord may also be subject to a banning order as unlawful eviction and harassment under the Protection from Eviction Act 1977 is a banning order offence.
If a tenant is being forced out of their home illegally they should contact the police and their local authority as soon as possible. For advice on individual cases or if a tenant is worried they may have been illegally evicted, they should seek legal advice or contact a free impartial advice service such as Citizens Advice or Shelter.