This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

An illegal eviction takes place if your landlord makes you leave your home without following the proper legal process. It is a serious criminal offence.

Can the landlord do what s/he likes?

No. There are certain actions that nearly always count as illegal eviction. Your landlord may be committing an offence if s/he:

• changes the locks while you are out
• threatens you or forces you to leave
• physically throws you out
• stops you from getting into certain parts of your home.

Your landlord can legally evict you only by following the correct procedure, which varies depending on the type of agreement you have.

What if my landlord is violent?

If your landlord is violent towards you or anyone in your household, this is a criminal offence and you should contact the police. If you feel unsafe in your home because of violence or threats of violence from your landlord, your local council may have a duty to rehouse you. If you are in this situation, get advice.

What is the proper procedure?

The proper procedure for evicting you depends on the type of agreement you have with your landlord, and the reasons why s/he wants you to leave. In most cases, this will usually involve giving you notice and getting a court order. But if you live with your landlord or a member of your landlord's family, the rules may be different. The only person who is legally allowed to physically remove you from your home is a court bailiff.

What if I live with my landlord?

If you live with your landlord in her/his home (for example, if you are a lodger), you will be an excluded occupier. This means that you are only entitled to reasonable notice before you have to leave. This notice can be given verbally, and should be equal to your rental period (for example, a week, if you pay your rent weekly) unless you have agreed to a different notice period in advance. It can be difficult to enforce your right to a minimum notice period but it is illegal for your landlord to use violence to get you to leave. If this happens, call the police.

What if I don't live with my landlord?

If you don't live with your landlord, you can normally be evicted only if your landlord follows a special legal procedure and gets a court order. However, in a small number of situations, people who don't live with their landlord can be evicted without one.

This could be the case if:

• you live in the same building as your landlord and you share living space (including a bathroom, or kitchen) with a member of her/his family
• you moved in as a squatter, even if you've since been allowed to stay
• you don't pay rent (and, if your home comes with your job, you don't give your landlord/employer the equivalent money's worth in unpaid work)
• you live in a hostel or other temporary accommodation
• your landlord is having her/his home repossessed by his/her mortgage lender.

If you are in one of these situations and your landlord is evicting you, get advice.

If none of the situations above applies to you, your landlord should begin by giving you notice that s/he wants you to leave. This might be called either a notice to quit, or a notice of seeking possession. If you receive one of these notices and you do not want to leave, you should get advice immediately. Depending on the type of agreement you have, the reason for the eviction, and the type of notice you are entitled to, you should get either:

• two weeks' or two months' notice of seeking possession, or
• a minimum of four weeks' notice to quit.

After your notice period has finished, if your landlord would like you to go, s/he has to apply to the court for a possession order. If you don't leave on the day the court says you should, your landlord must return to the court and ask for a bailiff's warrant. If you remain in your home after the end of your notice period, you may be liable for the court costs that your landlord has to pay to get the possession order and bailiff's warrant.

If at any point in this process, your landlord forces you to leave before the bailiffs arrive then you have been illegally evicted.

What if the council is my landlord?

Illegal eviction by councils is quite rare but it does happen. The council has the same responsibility as all landlords to follow the legal procedure for evicting you. The correct rules have to be followed. If the council is evicting you, get independent advice immediately. If you feel you have been treated badly, you may be able to complain to the local government ombudsman.

What if the problem isn't my landlord?

If you believe that the person causing problems is acting on behalf of your landlord (for example, if it's a friend of your landlord or someone s/he deliberately moved in to make life difficult for you) many of the rules on harassment and illegal eviction still apply. You may be able to take action against both your landlord and the person harassing you, but you will need advice first.

If the person harassing you is not acting on behalf of your landlord, you may be able to sort things out in other ways.

What can I do if I've been illegally evicted?

If you are evicted illegally, you may be able to:

• get help from the council - they may be able to help you negotiate with your landlord and, in extreme circumstances, they may prosecute landlords
• force your way back into the property (as long as it's safe and legal to do so)
• take your landlord to court - you may be able to get an injunction allowing you back into your home, or to claim compensation if you've lost out financially.

How can an adviser help me?

If you have been evicted and are not sure of your rights, get advice immediately. An adviser should be able to:

• tell you whether you have any chance of getting back into your home or reclaiming your belongings and, if so, help you to do so
• help you find somewhere else to live
• help you take court action against your landlord.

Many illegal evictions take place after office hours so it can be difficult to get help. Call the police and the person at the council who deals with harassment and illegal eviction (sometimes called a tenancy relations officer). The council may have an emergency phone number. If you have problems getting help after hours, call Shelter's free national helpline on 0808 800 4444.

Send us feedback

Get advice by email