Illegal eviction
Making a tenant leave, or keeping them out, without a court order and bailiffs: changing locks, removing belongings or cutting off services. A criminal offence.
In short: Illegal (unlawful) eviction is depriving a residential occupier of their home, or trying to, without following the legal process. It is a criminal offence under the Protection from Eviction Act 1977. The tenant can also claim damages and apply for a rent repayment order.
Ending a tenancy and possessionFor tenants
England. Checked against the law on 5 October 2026. Information, not legal advice.
Examples include changing the locks while the tenant is out, removing their belongings, or refusing to let them back in. A notice, even a valid one, does not give the right to do any of this: only a court order enforced by bailiffs does.
What can follow:
- Prosecution by the council, with a fine or prison.
- A civil penalty or other action by the council.
- A rent repayment order from the First-tier Tribunal.
- A damages claim by the tenant in the county court.
A tenant who is being locked out should contact the council's housing team and, if it is happening now, the police. Shelter and Citizens Advice give free help.
Read more: Notices, eviction and your rights since section 21 ended
Related: Harassment of a tenant, Possession order, Rent repayment order
Where this comes from
Guides on this
Guide
What changed for landlords on 1 May 2026
The Renters' Rights Act came into force in England on 1 May 2026. Section 21 is gone, every tenancy is now periodic, and rent rises follow one procedure. Here is what a self-managing landlord actually has to do differently.
Guide
What to do when a tenant stops paying rent
Rent arrears in England: check the facts, talk early, agree a plan in writing and keep records. If it cannot be solved, possession is by section 8 notice and a court order only. Never change the locks.
Guide
Getting your property back after section 21
Without section 21, possession in England depends on the grounds in Schedule 2. The main ones a self-managing landlord uses, the notice periods, and why LevelMoves hands this to a human.
Guide
How to protect a tenancy deposit, and what happens if you are late
Put the deposit in one of the three government schemes within 30 days and give the prescribed information. If late, the tenant can claim one to three times the deposit and most possession grounds close.
Related terms
Glossary
Harassment of a tenant
Acts by a landlord or anyone for them that are likely to interfere with a tenant's peace or comfort, meant to make them leave or stop using their rights. A criminal offence.
Glossary
Tenant's notice to leave
How a tenant ends a private tenancy in England: at least two months' notice in writing, ending at the end of a rent period, unless the landlord agrees to less.
Glossary
Form 3A
The prescribed government form for a section 8 notice seeking possession of a private assured tenancy in England, used since 1 May 2026.
Glossary
Grounds for possession (ground 1, 1A and 8)
The reasons in Schedule 2 of the Housing Act 1988 on which a landlord can seek possession. Some are mandatory, some discretionary; the main ones are moving in, selling and arrears.
Glossary
Possession order
A county court order that the tenant must give the home back by a date. Only a possession order, enforced by bailiffs if needed, lawfully ends a tenant's right to stay.
Glossary
Rent repayment order (RRO)
An order of the First-tier Tribunal that a landlord repay rent to a tenant, or benefits to the council, because the landlord committed certain housing offences.