Unlawful Eviction

Whether you are a landlord facing accusations of unlawful eviction or a tenant who believes that you have been unlawfully evicted, our unlawful eviction solicitors in London have the specialist expertise and experience to protect your rights.

There are strict legal processes that landlords must follow when they wish to end a tenancy. Failure to follow these processes correctly could lead to accusations of unlawful eviction that could see the eviction overturned and the landlord may be required to pay their tenant compensation.

At OTS Solicitors, our specialist unlawful eviction solicitors can support both landlords and tenants across England and Wales with these matters. We can tell you your rights, whether there are grounds for legal action and your options to achieve the fastest, least painful solution.

For a detailed discussion regarding unlawful eviction or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.

Our team can provide clear advice on matters including:

• Whether the proper legal process for evicting a tenant has been followed
• Illegal eviction by a private landlord
• Illegal eviction by a local authority
• Injunctions against landlords

Speak to our unlawful eviction solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our unlawful eviction solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our illegal eviction services

Whether the proper legal process for evicting a tenant has been followed

The first step in dealing with a potential situation of illegal eviction is to get effective advice on whether there are grounds for a claim. Our team can advise both landlords and tenants on whether a proper eviction process has been carried out, so you can then proceed with a clear understanding of your legal position.

If you are a landlord, we can provide specialist advice on tenant eviction for landlords so you can be confident that you are acting lawfully.

Illegal eviction by a private landlord

We can act for both private landlords and their tenants in relation to all situations where there is an accusation that a tenant has been unlawfully evicted. This includes where the landlord changes locks and where the landlord is withholding keys. In many cases, we can help the parties to agree an amicable solution that avoids the need for contentious, lengthy and costly court proceedings.

Illegal eviction by a local authority

Our team can advise tenants who face illegal eviction by a local authority as well as those who have already been unlawfully evicted. Our experience means that we can quickly get to the heart of these matters, giving you confidence to decide on your next steps.

Injunctions against landlords

If you have been illegally evicted by your landlord, we can apply for a court injunction to force your landlord to allow you back into your home. This type of injunction against a landlord can be used in various circumstances, so please speak to a member of our team to find out if this may be an option in your case.

Unlawful eviction explained

What counts as unlawful eviction?

An unlawful eviction is any eviction that does not have a lawful basis and/or where the landlord does not follow the correct legal process.

A tenant may be able to challenge an eviction as unlawful in situations such as where:

• They were not in breach of their tenancy agreement and the landlord did not properly serve them with a Section 21 Notice
• They were in breach of their tenancy agreement but their landlord did not properly serve them with a Section 8 Notice
• The landlord did not follow the correct process when serving a Section 21 or Section 8 Notice or after doing so

To understand whether an eviction may be unlawful, it is important to get independent, expert legal advice as soon as possible.

What legal procedures must a landlord follow?

There are two routes a landlord can follow to legally end a tenancy:

• Section 21 Notice – can be used where a fixed term tenancy has ended (as set out in a written contract) or where there is a periodic tenancy with no fixed end date
• Section 8 Notice – can be used where the tenants have breached the terms of their tenancy agreement

Knowing whether lawful grounds exist for either type of eviction process is essential to avoid the risk of the eviction being contested by the tenant. It is also important to follow the correct legal process or the eviction could still be considered unlawful.

What legal assistance could I get if I'm unlawfully evicted?

If you are facing an unlawful eviction or have been unlawfully evicted, a lawyer can advise you on your rights. You may be able to secure a court order called an ‘injunction’ to force your landlord to allow you back into your home. You may also be able to claim unlawful eviction compensation for issues such as breach of contract, as well as any specific losses or harm you have experienced due to the illegal eviction.

Can my landlord change the locks without the tenants’ knowledge?

In almost all circumstances, a landlord cannot legally change the locks on a property without first informing the tenants. If your landlord has changed the locks on your property without your knowledge, this can normally be challenged and they can be forced to allow you back into the property with a court injunction if required.

What is the penalty for unlawful eviction?

The penalty for unlawful eviction can include a prison sentence of up to two years, as well as the possibility of an unlimited fine.

On top of this, the tenant may be able to seek unlawful eviction compensation for breach of contract, as well as for any losses or harm they have experienced as result of the illegal eviction.

Can I evict my tenants if I'm unhappy with their behaviour?

As a landlord, you must have lawful grounds for evicting a tenant. Their behaviour could potentially offer such grounds, but only if it breaches the terms of the tenancy agreement. So, for example, if they are behaving in a way that is illegal or antisocial, then this could give you reason to end their tenancy with a Section 8 Notice. However, we would strongly recommend taking expert legal advice first as you could be accused of an illegal eviction if there is a dispute about whether the tenants’ behaviour did, in fact, breach the terms of their tenancy agreement.

How can I get an injunction?

To get an injunction against a landlord, you need to apply to a court. While you can do this by yourself, working with a legal expert can help make the process much faster and less stressful, give you confidence that you have completed the application correctly and may increase your chances of success.

Our fees for dealing with unlawful eviction disputes

The potential legal costs always need to be considered when dealing with accusations that a tenant has been unlawfully evicted. At OTS Solicitors, we aim for complete transparency with our fees, so you can decide upfront how likely costs of different routes you might take weigh up against the outcome you are hoping for.

Some matters, such as sending an initial letter before action, can usually be completed for a fixed fee. This means you will know the exact cost upfront. Where ongoing support is needed, we will agree an hourly rate, with all billable work explained and agreed in advance.

Speak to our unlawful eviction solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our unlawful eviction solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.