A shake-up to the UK rental sector could make it illegal for landlords or housing agents to instigate “no fault” evictions. Under the same ruling, landlords would be unable to reject potential tenants based on them being a family with children, having pets, or receiving benefits. Make sure you understand the rules and implications behind illegal eviction in the UK.
As living costs continue to soar, 14,000 tenants face eviction. Recent Governmental research shows a 43% increase in tenant evictions, as private landlords look to evict more tenants than ever before.
With so many renters facing housing uncertainties, and landlords making difficult decisions regarding tenancy, it’s important that everyone scrubs up on their knowledge of lawful evictions.
The Fairer Private Rented Sector White Paper would realign the balance between landlords and tenants privately renting household property throughout England. Presented to parliament in June 2022, this policy would ensure safer housing for private tenants, increased security and stability, improved dispute resolution, better compliance and enforcement, and a positive renting experience for all.
So, what counts as illegal eviction? And how can you ensure you are protected as a tenant or landlord?
What counts as illegal eviction in the UK?
Whether you are a private renter asking yourself “has my landlord illegally evicted me?” or a landlord wondering how to legally evict private tenants, you need to understand what counts as an illegal eviction in the UK housing market.
It is illegal for landlords to harass tenants or try to force them out of their rented property without using the proper procedures. Tenants that have been illegally evicted have the right to claim damages through the court.
Landlords may be guilty of illegal eviction if they:
- do not give tenants appropriate notice to leave the property
- change the locks without informing tenants
- evict tenants without producing a court order
Even if a landlord’s property has been repossessed by their mortgage provider, they must provide tenants with notice to find other accommodation.
In England, landlords must provide tenants with the following assurances:
- 3 months to leave the property if they were given notice between 26 March 2020 and 28 August 2020
- 6 months to leave if they were given notice between 29 August 2020 and 31 May 2021
- 4 months to leave if they were given notice between 1 June 2021 and 30 September 2021
- 2 months to leave if they were given notice on or after 1 October 2021
Can a landlord evict a tenant?
Landlords can evict tenants. But there are certain rules they must follow before doing so. They can’t just change the locks and tell the tenant it’s time to move.
Fail to follow the correct procedure and you may be guilty of harassing or illegally evicting your tenants.
Assured shorthold tenancies
The exact eviction procedure depends on the tenancy agreement and terms. For assured shorthold tenancies, landlords most serve tenants a Section 21 notice if they want the property back after a fixed term ends. Section 21 notices most give tenants at least two months’ notice to leave the property. Landlords also cannot use a Section 21 notice if it has been less than four month since the tenancy started, or the fixed term has not ended – unless there is a clause allowing you to do this.
While Section 21 evictions are currently in action, the Government has committed to reforming landlord-tenant evictions. This reform includes the abolition of possessions enabled under Section 21 of the 1988 Housing Act. The abolishment of Section 21 Notices could make it hard for tenants to get long-term residencies as more landlords opt for shorter tenancies with stricter tenant background checks.
The abolishment of Section 21 aims to prevent landlords from evicting tenants at short notice and without good reason.
If tenants have broken the terms of the tenancy, landlords can serve a Section 8 notice. When serving a Section 8 notice, the landlord most specify on the notice which terms of tenancy were broken. The amount of notice given for a Section 8 notice will depend on the reason for eviction. The landlord can apply to the court for a possession order if the tenant doesn’t leave by the specified date.
Excluded tenancies or licences
Subtenants sharing accommodation with their landlords have an excluded tenancy. In the event of excluded tenancies or licences, landlords do not have to go to court to evict tenants. They only need to give tenants ‘reasonable notice’ to leave the tenancy.
Reasonable notice is usually the length of the rental payment period. If tenants pay rent weekly, landlords could give the tenant one weeks’ notice to leave. This notice also does not have to be in writing.
After the notice period has passed, the landlord is allowed to change the locks on the room — even if they still have belongings in there.
Assured and regulated tenancies
Tenants that started their tenancy before 27 February 1997 will likely be on an assured or regulated tenancy. These tenants have greater protection from eviction. As such, landlords need to follow different rules for eviction.
Tenants can only be evicted from a regulated tenancy if their landlord gets a court order and provides a legal reason for eviction, such as rent arrears. For assured tenancies, landlords can give tenants a Section 8 notice. After the Section 8 notice has been served, the landlord most prove a legal reason for eviction to the court.
Whether tenants are on an assured or regulated tenancy, landlords cannot evict them without getting a court order.
You can find out more about evictions for assured and regulated tenancies on the Shelter website.
What to do if you are a tenant facing illegal eviction
Even with eviction rules in place, tenants still don’t have total protection from illegal eviction. Tenants facing illegal eviction can take action to protect themselves against illegal eviction.
The Fairer Private Rented Sector reform aims to reform grounds of possession so they are comprehensive, fair and efficient. This reform would help protect tenants’ security while ensuring landlords’ maintain the right to manage their property.
The Fairer Private Rented Sector white paper also aims to improve dispute resolution. Tenants should be able to challenge poor practice by their landlord without being at risk of illegal eviction or harrasment.
While the removal of Section 21 evictions aim to improve dispute resolution and minimise evictions without reason, it is still important for tenants to understand what to do in the event of illegal eviction.
Contact the council
Read up on the rules of eviction and seek support as soon as your landlord tries to illegally evict you. Contact your council if you are threatened by illegal eviction. Councils have a duty to prevent illegal eviction as it would leave tenants legally homeless.
Councils can negotiate with your landlord, explain tenant rights to landlords and prosecute them if they are breaking the law.
Speak to a renters union
You can also speak to a renters union to gain additional support when facing illegal eviction. Renters union work in a similar fashion to workers unions — they can negotatie with landlords, help you gain support from council and can help resist illegal eviction.
Seek legal advice
If you believe your landlord is attempting to illegally evict you, seek legal advice as soon as possible. Speak to lawyer that has experience with landlord and tenant cases and get their help in building a case that protects you against illegal eviction.
Your solicitor will be able to explain your legal rights and let you know if you have a strong case against your landlord. They will also be able to represent you in court and help you protect yourself against illegal eviction.
Keep a record
Keep a record of everything. Records can be used as evidence against your landlord so be sure to keep note of any interaction or behaviour.
Save any emails, text messages and letters between yourself and your landlord. Make note of any phone calls or visits and write do any behaviour that could be considered harassment.
Have emergency contacts
Make sure you have emergency contacts you can turn to for support if your landlord tries to illegally evict you. Your emergency contact could be family members, friends, or someone on the renters union or at the council.
Make sure you have somewhere to go in the event your landlord changes the locks, harasses you or illegally evicts you. Your priority should be to keep yourself safe. It is better to leave and come back than to stay in a property where you do not feel safe.
Call the police
You can also call the police if you are facing illegal eviction or harassment from a landlord. The police should be able to protect you against illegal eviction, harassment or violence. They can mediate problems between you and the landlord.
Calling the police also allows you to log a case against your landlord. Make sure you get a CAD number and take the ID numbers of attending officers.
Apply for an injuction and take legal action
If you have been illegally evicted by your landlord, you can apply to the court for an injuction.
An injuction can be used to help you regain access to your home or to stop your landlord from harassing you. You can also apply to the court for compensation and damages.
You can take legal action against your landlord in serious cases of illegal eviction. Landlords who have illegally evicted tenants may have to pay a fine or could event be sent to prison.
Seek legal help with landlord and tenant disputes
Whether you’re a landlord looking to evict tenants safely and legally or you’re a tenant facing illegal eviction, we are here to help.
As experts in landlord and tenant law, we can support you in building a case that protects your rights as a landlord or tenant. We can also mediate any tenancy disputes, ensuring the best possible outcome for the involved parties.
For landlords, we can explain tenancy laws and help you devise legal Notices for tenants. We can also assist with any tenancy issues where tenants have broken the tenancy terms.
For tenants, we can help you in the event of illegal eviction, harassment from landlords or landlords breaking tenancy agreements and terms. Our highly trained solicitors are here for you.