Illegal eviction: what it is and the risks for landlords
However frustrating arrears or behaviour get, a landlord in England can only recover a let home through a court order and a bailiff or enforcement officer. Doing it yourself is a criminal offence, and from 1 May 2026 councils can fine up to £40,000.
Information, not legal advice. Know Your Let is not a law firm and does not act in court cases. We can help with the notice stage (see pricing); court claims and hearings are for you or a solicitor.
What constitutes illegal eviction
- Changing the locks while the tenant is out, or refusing to let them back in.
- Removing the tenant's belongings or physically making them leave.
- Using a court order but carrying it out yourself instead of through bailiffs.
- Telling the tenant they must go on the date in a notice – a section 8 notice is not an order to leave.
Harassment
Acts likely to interfere with the tenant's peace or comfort, or withdrawing services they reasonably need (gas, electricity, water), with the aim of making them leave or stop using their rights, are also offences under the Protection from Eviction Act 1977.
Illegal eviction penalties
| Consequence | Detail | Law |
|---|---|---|
| Prosecution | Fine and/or up to 6 months (magistrates), or unlimited fine and/or up to 2 years (Crown Court) | Protection from Eviction Act 1977, s1 |
| Council financial penalty | Up to £40,000, as an alternative to prosecution (from 1 May 2026) | PEA 1977, s1A |
| Rent repayment order | Up to 24 months' rent, via the First-tier Tribunal | Housing and Planning Act 2016, s40 (as amended) |
| Damages | Civil claim by the tenant, including statutory damages | Housing Act 1988, ss27–28 |
Misusing a possession ground (for example Ground 1A when you don't intend to sell) or re-letting too soon after Grounds 1/1A are separate offences and penalty grounds – see section 8 grounds and Renters' Rights Act penalties.
The lawful route
- Serve a section 8 notice on Form 3A.
- Apply for a possession order if the tenant stays.
- Apply for a warrant if they still don't leave, and let the bailiff carry it out.
If a tenant has disappeared and you think the property is abandoned, get advice before re-entering; the safe route is usually still a court order.
Common questions
What is an illegal eviction?
Depriving a residential occupier of their home, or trying to, without following the legal process – for example changing the locks, removing belongings or physically putting them out without a court order and bailiffs. Harassment to make them leave (such as cutting off gas, water or electricity, or repeated threats) is a separate offence.
Can you go to jail for illegal eviction?
Yes. Under the Protection from Eviction Act 1977, s1, a conviction can mean a fine and up to 6 months’ imprisonment in the magistrates’ court, or an unlimited fine and up to 2 years in the Crown Court.
What is the penalty for illegal eviction in 2026?
Since 1 May 2026 councils in England can also impose a financial penalty of up to £40,000 instead of prosecuting. Tenants can apply for a rent repayment order of up to 24 months’ rent and can sue for damages.
Can a tenant sue for illegal eviction?
Yes. Tenants can claim damages in the county court, including under sections 27 and 28 of the Housing Act 1988, which can be based on the increase in the property’s value with the tenant gone.
How is illegal eviction reported?
Usually to the council’s housing or tenancy relations team, or to the police if there is violence or a threat of it. Councils investigate and can prosecute or fine.
Related guides
The full process.Rent repayment orders →
How they work.Landlord civil penalties →
Council fines.Tenant not paying rent →
Lawful options for arrears.
Sources
- legislation.gov.uk: Protection from Eviction Act 1977
- legislation.gov.uk: Protection from Eviction Act 1977, s1A (financial penalty up to £40,000)
- legislation.gov.uk: Housing and Planning Act 2016, s40 (rent repayment orders)
- legislation.gov.uk: Housing Act 1988, s27 (damages for unlawful eviction)
- GOV.UK: Guide to the Renters’ Rights Act
- GOV.UK: Repossessing your privately rented property after 1 May 2026
Last checked 28 Sep 2026. Figures and fees change; check the official source before you act.