Who is protected from illegal eviction?

Anyone who rents their home is likely to be protected by the Protection from Eviction Act 1977. This means that they cannot be made to leave their home without the proper legal process being followed. In most cases this means the landlord must first get a court order.

To force someone out of their home by any means other than with a court order could be an illegal eviction, which is both a criminal offence and a breach of civil law.

However, bailiffs authorised by a court warrant can use reasonable force to evict.

Who could break the law?

The law says that the landlord or any other person (such as the agent, a relative of the landlord and in some cases another tenant in the building), could have action taken against them for an act of illegal eviction.

Know your rights and responsibilities

Landlords – Your rights and responsibilities and also those of your tenants are usually set out in the tenancy agreement as well as being set out by the law. You should always seek legal advice if there is any doubt about what action should be taken. Housing Services have information leaflets and can also give you general advice about landlord and tenant legislation.

Tenants - You should always take advice if you have been asked or told to leave your accommodation. Information leaflets and advice about tenants rights are available from Housing Options Services or from other advice agencies and private solicitors. Students can also get advice from their university or college accommodation and welfare officers.

For further information, whether you are a tenant or a landlord, please contact Housing Services on 01225 396296.