You can ask a court for an injunction, compensation or both if a landlord has illegally evicted you.
How to apply for an injunction
Use Form N16A to ask the court for an injunction or emergency injunction
If you've been evicted illegally, you can apply to the court for an injunction to order your landlord to:
- let you back into your home
- stop harassing you
You can send or take your form to your county court.
You probably have to wait 3 days or longer for a court hearing.
Your landlord could be fined or sent to prison for not obeying an injunction.
Apply to the court for a 'without notice' injunction if you've been illegally evicted and you're homeless or at risk of violence.
The court can make this type of emergency injunction on the same day you apply.
There will be a further court hearing at a later date for both you and your landlord to attend.
Legal help to apply for an injunction
Find a solicitor immediately if you want to apply for an injunction.
You may qualify for legal aid (free advice and representation) if you have a low income or receive benefits.
To find a solicitor, you can:
Applying for compensation
Use Form N1 to apply to the court to order your landlord to pay you compensation
You can take your landlord to court to claim compensation (damages) for illegal eviction or harassment.
You can claim compensation by itself or alongside applying for an injunction.
Your landlord may have a defence against your claim if they reasonably believed that you had left the property.
Amount of compensation
The amount of compensation the court awards depends on:
- your tenancy type
- how your landlord behaved
The court can order your landlord to pay more if your landlord was violent.
Legal aid or no win no fee
You may be entitled to legal aid if you are on a low income.
If you can't get legal aid, a solicitor may help you under a conditional fee agreement. This is called 'no win no fee'.
You usually pay the solicitor's fee from any compensation the court awards. You don't pay a fee if you don't win your case.
You usually have to pay a fee when you apply to a court for an injunction or compensation.
You might not have to pay if you claim certain benefits or have a low income.
See court leaflet Form EX160A for more information.
Find out more from Gov.uk about court fees.
You can ask the court to order your landlord to pay you any money you have spent on court fees.
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Last updated 18 Mar 2019 | © Shelter
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