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.
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