A Westmorland and Furness Council Project

Illegal eviction and harassment guide

This guide is a brief overview of illegal eviction, not a full statement of law and should not be used as such. As the Renters' Rights Bill moves to become law, this page will be updated.

When is an eviction illegal?

When a landlord forces a tenant to leave without following the legal eviction process, this is an illegal eviction. This includes anyone acting on behalf of the landlord.

A tenant may be evicted illegally when:

  • The landlord doesn’t give the tenant the right notice to leave (see how legal eviction works below)
  • Someone changes the locks when the tenant isn’t home
  • Threats or harassment force the tenant to leave
  • The tenant is physically evicted without a court order
  • Someone other than a County Court Bailiff removes the tenant from their home

Illegal eviction is a criminal and civil offence. It makes the landlord liable for court damages, and prosecution.

Harassment

Harassment is a criminal and civil offence, and it takes many forms. Any behaviour that makes a tenant feel unsafe in their home, or forces them to leave is harassment. 

Behaviour that could be harassment includes 

  • Threats (including changing the locks)
  • Physical force or violence
  • Opening a tenant’s post
  • Removing a tenant’s belongings
  • Refusing to repair the home, including finishing repairs
  • Repeatedly entering the property without notice or permission
  • Not giving the right amount of keys for the number of tenants
  • Turning off the water, gas, or electricity supply
  • The landlord or someone acting for them using anti-social behaviour to force tenants out

This is not an exhaustive list. If you’re unsure if something counts as harassment, please contact us.

How legal eviction works

Eviction processes work differently depending on the type of tenancy. Landlords must use the right legal procedure, and serve the right amount of notice to the tenant.

The majority of tenancies beginning after 15 January 1989 are Assured Shorthold Tenancies (ASTs).

A tenancy is an AST as long as:

  • The landlord is a private landlord, or a housing association
  • The landlord is not a local council
  • The landlord does not live at the property
  • The property is not a holiday let
  • The property is the tenants’ main residence
  • The tenancy started on or after 15 January 1989
  • The rent is more than £250 but less than £100,000 a year

Check the type of tenancy you have on the Shelter England website

The legal eviction notices for ASTs

Landlords must serve a proper written notice (a section 8 or 21 notice) to end a tenancy. This will have a date on which the notice ends.

If the tenant doesn’t leave by this date, the landlord can go to court for a possession order.

If it is granted, the possession order will have a date the tenant must leave by. If the tenant doesn’t leave, the landlord can make an application for a County Court Bailiff to regain possession of the property.

County Court Bailiffs only evict someone when County Court has granted the order. They must evict the tenant, not the landlord.

County Court Bailiffs must give the tenant at least 2 weeks’ notice before the eviction date.

Section 8 notice

A section 8 notice can end assured tenancies and assured shorthold tenancies.

Section 8 eviction notices are used when a tenant has broken the tenancy agreement. 

Usually, this is due to the tenant owing the landlord at least 2 months’ rent.

Other reasons include:

  • Property damage
  • Anti-social behaviour
  • The mortgage company is repossessing the property
  • The landlord wants to move in or sell the property

Section 8 leave notice

Depending on the reasons given, leave notice can be between 2 weeks and 2 months.

Section 21 notice

A section 21 notice is also known as a no-fault eviction. 

This means the landlord wants the tenant to leave, but they don’t need to give a reason why.

Section 21 leave notice

Landlords using a section 21 eviction notice must give at least 2 months’ notice.

When section 21 notices don’t apply

A section 21 notice is invalid if:

  • It’s served within the first 4 months of the tenancy start date
  • The property is a house of multiple occupation, but there is no valid HMO licence from us
  • We have served a relevant notice on the property to make the home safe
  • If a tenant’s deposit is not protected, or it was protected 30 or more days after the contract started
  • For a tenancy to end, the landlord must have provided tenancy documents at the beginning of the tenancy:
    • A current gas safety certificate (if the property has gas)
    • A valid energy performance certificate
    • A how to rent guide

Renters’ Rights Bill

One of the main elements of the new Renters’ Rights Bill is abolishing Section 21 evictions.

At the same time, the grounds for possession under Section 8 will be strengthened, in the hope of easing the pressure a Section 21 ban would have.

Additional plans include:

  • A new private sector ombudsman
  • New enforcement powers for councils
  • A private sector database
  • Protection against rent increases forcing a tenant to leave
  • It would be illegal for landlords to discriminate against tenants on benefits or those with children
  • Adding the Decent Homes Standard, and Awaab’s Law to the bill
  • The right to request a pet

The bill is still in development. As things progress, this section will change.

Guide to the Renters’ Rights Bill - GOV.UK (www.gov.uk)

Contact us

If you are experiencing illegal eviction or harassment, please let us know. We can take legal action, and support tenants taking their own civil action. 

If you have any questions about illegal eviction, or you would like some advice, please don't hesitate to contact the team.

Let us know

Helpful links

You may also find it helpful to seek advice from the organisations below.