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England � Protection from Eviction Act 1977 � Housing Act 1988 � Criminal Offences

Illegal Eviction UK 2026 � Landlord Criminal Liability Guide

Illegal eviction and harassment offences for UK landlords 2026: Protection from Eviction Act 1977 criminal liability, unlimited fine and imprisonment, Sections 27/28 Housing Act 1988 civil damages, and the only lawful possession route.

9 min readUpdated 6 June 2026Last reviewed: 17 May 2026Illegal EvictionHarassmentPEA 1977Criminal Offences

Since 1 May 2026 (abolition of Section 21), a landlord cannot evict a tenant without a court order on a valid Schedule 2 ground. Any attempt to exclude a tenant without a court order -- regardless of rent arrears, expired agreements, or perceived entitlement -- is illegal eviction under the Protection from Eviction Act 1977.

Protection from Eviction Act 1977 -- criminal offences

Section 1(2): unlawfully depriving a residential occupier of occupation -- unlimited fine and/or up to 2 years' imprisonment. Section 1(3): harassment likely to cause abandonment -- same maximum. Section 1(3A): landlord harassment (recklessness sufficient, intent not required) -- same maximum.

What constitutes illegal eviction

  • Changing the locks while the tenant is absent (even briefly)
  • Removing or disposing of the tenant's belongings without a court order
  • Cutting off gas, electricity, or water to force the tenant to leave
  • Preventing the tenant from re-entering after a temporary absence
  • Physical intimidation or threats to vacate
  • Pressuring the tenant into signing a surrender agreement through threats or misrepresentation

Civil liability -- Sections 27 and 28 Housing Act 1988

  • Section 27: statutory right to damages for any unlawfully deprived residential occupier
  • Section 28: damages = difference between occupied value and vacant possession value of the property
  • Example: London flat worth �500k vacant, �400k with tenant in occupation -- Section 28 damages: �100,000
  • Additional common law damages: distress, anxiety, emergency accommodation costs, personal injury
  • Damages are not reduced by tenant's rent arrears or other defaults

The only lawful possession route in 2026

  1. Identify the applicable Schedule 2 ground
  2. Serve a valid Notice to Seek Possession (Form 3, post-RRA 2025 version) with the correct notice period
  3. Wait for the notice period to expire
  4. Apply to the County Court for a possession order (Form N5 + N119)
  5. Obtain a warrant for possession and use bailiffs to enforce it

Landlord harassment offences

  • Persistent withdrawal of services (boiler, electricity, hot water) with intent or recklessness
  • Repeated entry without 24 hours' notice, especially at antisocial hours
  • Threatening communications about possession
  • Deliberately allowing the property to deteriorate to force the tenant out
  • Local housing authority can investigate, caution, or prosecute for harassment offences

Frequently asked questions

Can a landlord change the locks if the tenant hasn't paid rent?+

No. Rent arrears do not give a landlord the right to exclude the tenant without a court order. Doing so is illegal eviction under the Protection from Eviction Act 1977 -- a criminal offence. The only lawful route is Section 8 notice, County Court possession order, then bailiff enforcement.

What are the civil damages for illegal eviction?+

Under Sections 27 and 28 of the Housing Act 1988, damages are assessed as the difference between the property's value with the tenant in occupation and its vacant possession value. This can easily be tens of thousands of pounds and is in addition to common law damages for distress, personal injury, and emergency accommodation costs.

Templates recommended in this guide

Put this guide into practice, get the Landlord Annual Compliance Checklist from the LetSafe shop, the regulation-current pack that matches this guide.

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