Unlawful Evictions | Housing | Howells Solicitors
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Unlawful Evictions

There is a legal process for landlords to follow to request that their tenants move out of their property and there are several stages to this process. If they do not follow this process and take matters into their own hands, they would usually act unlawfully. 

What is Unlawful Eviction?

Unlawful eviction is a criminal offence as The Protection from Eviction Act 1977 safeguards tenants across England and Wales from losing their homes illegally or unfairly due to the actions of unscrupulous landlords. 

There are very few situations where a landlord can legally evict you and can only be done through a possession proceeding

How Can a Landlord Breach Eviction Rules? 

If your landlord has not gone through the legal process, they may try to breach these rules by:

  • Changing the locks to the property 
  • Removing your access to some or all of the property
  • Removing your belongings from the property
  • Threatening or forcing you to leave
  • Physically removing you from the property

Our expert team of housing solicitors can help you stop your landlord and or their agents from breaching the rules, harassing you, or unlawfully evicting you from your property. 

Your Rights as a Tenant

As a tenant, you have rights that prevent landlords from unlawfully evicting you without suitable grounds and going through the necessary proceedings/process. 

Your landlord must:

  • Inform you in writing of their intention to take possession of the property.
  • Give you a minimum notice period.

After this, your landlord will obtain an order for possession from the court, and if you have notvacated the property by the date specified, they will obtain a separate warrant of eviction to be able to lawfully evict you. 

If your landlord has not followed this process, you may be able to claim for unlawful eviction. 

We can help you seek:

  • An urgent order reinstating to your home 
  • Damages for the distress caused 
  • Damaged to cover any specific losses you have incurred, such as paying for alternative accommodation. 

Costs

Fixed Fees

If you are not eligible for Legal Aid, we are able to offer our fixed fee service.

These are designed to make Housing advice accessible and affordable and to give peace of mind that you will know from the outset an estimate of the total costs.

An initial diagnostic interview to take information from you and advise you on the next steps and estimate of costs will cost £200.00 plus VAT.

If further work is required, we will be able to give you an estimate at the diagnostic interview of any additional costs.

Legal Aid

Funding is potentially available to help if you have been unlawfully evicted from your home.  We will assess your entitlement to free legal advice under the Legal Aid scheme.

How can we help? Contact us today

Contact us on 0114 2496609 or 0114 2496666 and one of our advisors will be in touch to discuss your situation. We will take some initial information and if we can help, we will book you in for a consultation with a legal professional.

Speak to our team today

The Housing Team

Our team are a dedicated team with many years of experience. Delivering quality law with excellent care, they understand that they’re not dealing with ‘cases’ but with people, not bound up in legal process but in real lives. It’s a team you’ll want on your side.

Request a Call back

The Howells Solicitors law team are compassionate, down-to-earth and professional, offering you the best expert advice. Get in touch with solicitors in Sheffield, Rotherham, and Barnsley to see how we can help. Fill in the form or give us a call at:

The Housing Team

Marie Busfield

Benefits & Credits

0114 249 6627
Samuel Wattret

Housing

0114 249 6648
Pollyanna Shaw

Housing

0114 2496666