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
- Identify the applicable Schedule 2 ground
- Serve a valid Notice to Seek Possession (Form 3, post-RRA 2025 version) with the correct notice period
- Wait for the notice period to expire
- Apply to the County Court for a possession order (Form N5 + N119)
- 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