Understanding unlawful eviction
An unlawful or illegal eviction occurs when a landlord, or an agent acting on their behalf, attempts to make a tenant leave their home without following the statutory legal process. It is a criminal offense under the Protection from Eviction Act 1977.
Actions that constitute an illegal eviction or harassment include:
- Changing the locks to the property.
- Physically removing a tenant or their belongings from the property.
- Cutting off essential utilities such as water, gas or electricity.
- Using threats or intimidation to force the tenants to leave the property.
Any attempt to bypass the courts to remove tenants is against the law. The only legal method to regain possession from a tenant who will not leave voluntarily is to complete the eviction process through a court order.
The mandatory legal eviction process
To lawfully evict a tenant and regain possession of a property, a landlord must follow a strict, multi-stage process. Failure to execute any step correctly can invalidate the entire eviction process, leading to significant delays and potential legal costs.
Step 1: Serving a valid notice
The first step is to serve the tenant with a formal written notice, informing them of the intention to seek possession of the property. Following the Renters' Rights Act 2025, the rules around notices have changed.
- Section 21 'No-Fault' notice: the ability to serve a Section 21 notice ended on April 30, 2026. If a landlord gave a valid Section 21 notice on or before this date, they must commence court proceedings by July 31, 2026, for the notice to remain valid.
- Section 8 'Grounds-Based' notice: all evictions must be initiated using a Section 8 notice, which requires the landlord to state specific grounds for seeking possession as laid out in their tenancy agreement. Common grounds include significant rent arrears (now defined as a 3-month threshold), the landlord intending to sell the property, or the landlord or their close family member intending to move in.
Step 2: Applying to the court for a possession order
If the tenant does not leave the property by the date specified after the notice period ends, the landlord must apply to the court to evict them. The landlord cannot take any further action themselves. The next step is to file a claim for possession with the relevant county court.
The court will process the application and send the tenant the court papers, which include a defence form. The tenant has a set period to respond. How the court proceeds depends on the information provided in the claim and the tenant's response.
Step 3: The possession hearing
Unless the landlord has used the accelerated procedure for an undisputed (and now historic) Section 21 claim, the court will schedule a possession hearing. At the court hearing, a judge will review the case presented by the landlord and any defence put forward by the tenant. The landlord must demonstrate that the correct procedure has been followed and that the grounds for eviction are met.
The judge at the hearing will decide the outcome. Possible decisions include:
- Outright possession order: if the court agrees with the landlord's claim, it will grant a possession order. This order specifies the eviction date by which the tenant must leave the property, typically 14 days after the hearing.
- Suspended possession order: often used in cases of rent arrears, this order allows the tenant to stay in the property provided they adhere to specific conditions set by the judge, such as paying the current rent plus an amount towards the arrears. Breaching this order allows the landlord to proceed to enforcement.
- Adjournment: the judge may decide to postpone the hearing if more information is needed.
- Dismissal: the court can dismiss the case if the landlord has not followed the correct rules or if the grounds for eviction are not proven.
If the court decides in the landlord's favour, it may also order the tenant to pay court costs.
Step 4: Enforcement by court bailiffs
If the tenant fails to leave the property by the date mandated in the possession order, the landlord still cannot remove them. The final step is to apply to the court for a Warrant of Possession.
This warrant authorises court bailiffs to schedule a date and time to attend the property and enforce the eviction. Only court-appointed bailiffs are legally permitted to physically remove a tenant from a property.
Consequences of non-compliance under the Renters’ Rights Act 2025
The Renters’ Rights Act 2025 has introduced more stringent penalties for landlords who do not follow the correct eviction process. The financial and legal risks associated with an illegal eviction are now greater than ever.
Penalty type |
Details under the 2025 Act |
| Civil penalties | Local authorities can issue fines of up to £40,000 for non-compliance, including illegal eviction, as an alternative to criminal prosecution. |
| Rent repayment orders (RRO) | A tenant who has been unlawfully evicted can apply to the tribunal to claim back up to 24 months' worth of rent. This is an increase from the previous 12-month limit. |
| Criminal prosecution | Unlawful eviction remains a criminal offence. A conviction can lead to a criminal record, unlimited fines and, in severe cases, imprisonment. |
| Banning orders | Landlords found guilty of serious offences can be added to the Private Rented Sector Database and banned from letting property in England. |
| Misuse of grounds offence | A new offence has been created. If a landlord gains possession on the grounds of selling or moving in but then re-lets the property within 12 months, they can be fined up to £40,000. |
How AST Assistance can help you stay compliant
Navigating the eviction process is complex and increasingly unforgiving where procedural errors occur. The Renters’ Rights Act 2025 has raised the stakes, with stricter requirements and more significant consequences for non-compliance. Even minor mistakes when serving notice, preparing court documentation or following the correct process can result in your claim being dismissed, causing delays, additional costs and continued loss of rental income.
AST Assistance provides a fully managed, landlord-focused triage service designed to remove this risk. Our team works to protect your legal position and keep your case moving forward without unnecessary disruption.
Beyond eviction, we also support landlords with dispute resolution, mediation and wider tenancy management issues, helping you address problems early and avoid escalation where possible. Our approach is practical and outcome-driven, focused on securing possession efficiently while maintaining full compliance.
If you require certainty in an increasingly regulated environment, speak to AST Assistance. Contact our team on 01706 619954 for clear, professional support tailored to your circumstances. Alternatively, send an enquiry through an online form and one of our team will get in touch at your convenience.
