Illegal Eviction UK 2026 — Landlord Offences, Penalties & How to Avoid Them

Since 1 May 2026, a landlord cannot evict a tenant except by obtaining a court order on one of the specified grounds in Schedule 2 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025). Any attempt to remove a tenant without a court order — regardless of whether the tenant is in arrears, the tenancy has expired, or the landlord believes they have a valid reason — constitutes illegal eviction.

Many illegal evictions are not carried out with malicious intent — landlords sometimes genuinely believe they have the right to require a tenant to leave without a court order. This does not provide a defence. The offence is committed by the act of deprivation, not by the intention.

What is illegal eviction?

Illegal eviction occurs when a landlord (or anyone acting on their behalf) deprives a residential occupier of their occupation without following the correct legal process:

Changing the locks: Changing the locks while the tenant is absent — even briefly — is the most common form of illegal eviction. It constitutes deprivation of occupation even if the tenant's belongings remain inside
Removing belongings: Removing or disposing of the tenant's belongings from the property without a court order is illegal eviction
Cutting off utilities: Disconnecting gas, electricity, or water to force the tenant to leave is harassment under the Protection from Eviction Act 1977
Refusing entry: Preventing the tenant from re-entering the property after they leave temporarily
Physical intimidation: Using violence or threats to force the tenant to leave
Accepting a surrender under duress: If a tenant is pressured into signing a surrender agreement through harassment, threats, or misrepresentation, the surrender may be invalid and the landlord may still be liable for illegal eviction

Criminal liability under the Protection from Eviction Act 1977

The PEA 1977 creates three main criminal offences:

Section 1(2) — unlawful deprivation of occupation: Any person who unlawfully deprives a residential occupier of their occupation (or any part of it), or attempts to do so, is guilty of an offence. Maximum sentence: unlimited fine and/or up to 2 years' imprisonment on indictment; 6 months' imprisonment and/or unlimited fine summarily
Section 1(3) — harassment likely to cause abandonment: Any person who does acts likely to interfere with the peace or comfort of the residential occupier, or persistently withdraws or withholds services (gas, water, electricity, refuse collection) reasonably required for occupation — with intent to cause the occupier to give up occupation — is guilty of an offence. Same maximum sentence
Section 1(3A) — harassment by a landlord: A landlord (or managing agent) who does acts likely to interfere with the peace or comfort of the residential occupier with knowledge that or recklessness as to whether such acts are likely to cause them to give up occupation commits an offence. This offence does not require intent — recklessness is sufficient
Prosecutions are typically brought by the local housing authority or the tenant's local council. The Crown Prosecution Service can also prosecute. Private prosecutions by tenants are possible but rare
On conviction, courts regularly impose community service, fines of £5,000–£30,000, and imprisonment for serious cases. Repeat offenders face Banning Orders preventing letting in England

Civil liability — Sections 27 and 28 Housing Act 1988

In addition to criminal prosecution, a landlord who illegally evicts a tenant faces civil damages under Sections 27 and 28 of the Housing Act 1988:

Section 27 — right to damages: A residential occupier who is unlawfully deprived of occupation has a statutory right to damages from the landlord. These damages are assessed under Section 28
Section 28 — measure of damages: The damages are calculated as the difference between the open market value of the property with the tenant in occupation (at the tenancy terms) and the open market value with vacant possession. Because vacant possession is worth significantly more, these damages can be very large — typically equivalent to 6–18 months' rent and sometimes much more in high-value areas
Example: A London landlord illegally evicts a secure tenant in a flat worth £500,000 with vacant possession. With the tenant in occupation, the property might be worth £400,000 to an investor. The Section 28 damages would be £100,000 — even before any additional damages for distress or personal injury
Common law damages: In addition to Section 27/28 damages, tenants can claim for personal injury, distress and anxiety, cost of emergency accommodation, and loss of personal property
Section 27/28 damages are reduced if the tenant was subsequently reinstated in occupation. They are not reduced by the tenant's own failures (such as rent arrears)

Harassment — the non-eviction route to criminal liability

Landlord harassment — short of full eviction — is also a criminal offence under the PEA 1977:

Persistent withdrawal of services: Repeatedly failing to repair the boiler, cutting off the electricity supply, or refusing to supply hot water with intent or recklessness as to the effect on the tenant's occupation
Entering without notice: Entering the property repeatedly without the 24 hours' notice required by Section 11 LTA 1985 — particularly at antisocial hours — can constitute harassment
Intimidation of visitors: Preventing the tenant from having guests, subjecting visitors to harassment, or monitoring the property in a way designed to intimidate
Threatening communications: Sending threatening or abusive letters, texts, or emails about possession
Property interference: Removing fixtures, fittings, or items belonging to the tenant without consent; changing access codes; or allowing the property to deteriorate deliberately
The local housing authority typically investigates harassment complaints and can serve a landlord with a formal warning, a caution, or commence criminal proceedings

How to lawfully recover possession in 2026

Following the abolition of Section 21, the only lawful route to possession in England is:

Step 1 — identify the ground: Determine which Schedule 2 ground applies (e.g., Ground 8 for 2+ months' rent arrears, Ground 1 for landlord moving in, Ground 1A for sale)
Step 2 — serve a valid Notice to Seek Possession (Form 3): Using the post-RRA 2025 form with the correct notice period for the specific ground
Step 3 — wait for the notice period to expire: Do not begin court proceedings until the notice period has elapsed
Step 4 — apply to the County Court for a possession order: File Form N5 and N119. Attend the hearing and prove the ground
Step 5 — obtain a warrant for possession: Only after the court grants a possession order and the tenant fails to vacate by the specified date. Bailiffs carry out the eviction
Any deviation from this process — at any stage — risks criminal prosecution and civil damages. Even if the tenant owes significant arrears, the landlord cannot take matters into their own hands

Frequently asked questions

Can a landlord change the locks if the tenant has not paid rent?+

No. Rent arrears do not give a landlord the right to change the locks or exclude the tenant from the property without a court order. Doing so is illegal eviction — a criminal offence under the Protection from Eviction Act 1977 — regardless of the amount owed. The correct route is to serve a Section 8 notice (Form 3) on the relevant arrears ground, wait for the notice period, apply to the County Court for a possession order, and then use bailiffs to enforce it.

What is the maximum penalty for illegal eviction in the UK?+

Under the Protection from Eviction Act 1977, illegal eviction is an either-way offence. In the Crown Court, the maximum is an unlimited fine and/or 2 years' imprisonment. In the magistrates' court (summary conviction), the maximum is an unlimited fine and/or 6 months' imprisonment. In addition, civil damages under Sections 27 and 28 of the Housing Act 1988 can amount to tens or even hundreds of thousands of pounds depending on the property's vacant possession value.

Is illegal eviction covered by landlord insurance?+

Most standard landlord insurance policies do not cover fines or criminal penalties arising from illegal eviction. Some specialist landlord legal expenses policies may cover the legal costs of defending a civil claim under Section 27/28, but criminal fines are not insurable by law. This is another reason why following the lawful possession process — even if slower and more expensive — is essential.

Can a managing agent be liable for illegal eviction?+

Yes. The Protection from Eviction Act 1977 applies to anyone acting on the landlord's behalf, including managing agents. A managing agent who changes the locks on the landlord's instruction commits the offence jointly with the landlord. Agents should refuse any instruction to take eviction steps outside the court process and document any such refusal in writing.