Illegal eviction injunctions and compensation
If you are illegally evicted, you can ask a court for:
an injunction - a court order that allows you back into your home
compensation for things like breach of contract, loss or harm
Compensation is also called damages.
Find out about other help after an illegal eviction.
Free legal help after an illegal eviction
Contact a solicitor or housing adviser as soon as you can.
You could get free legal advice and representation (legal aid) if you're on a low income or benefits.
Civil Legal Advice give telephone advice and can refer you to a solicitor for more help.
You can contact Civil Legal Advice on 0345 345 4 345 and ask them to call you back.
Conditional fee agreements
If you cannot get legal aid, a solicitor might help with a compensation claim under a conditional fee agreement. This is often called 'no win no fee'.
You usually pay the solicitor's fee from any compensation the court awards. You do not pay a fee if you do not 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.
You can ask the court to order your landlord to pay you any money you spend on court fees.
You can ask the court to order that your landlord:
lets you back into your home
stops harassing you
A solicitor or legal adviser can fill out the court forms for you and return them to your local county court.
You usually have to wait at least 3 days for a hearing unless it's an emergency.
You can apply for a 'without notice' injunction if you're homeless after an illegal eviction.
You could get an 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.
A solicitor or legal adviser can fill in the form for an emergency injunction. Or you could apply yourself if you cannot get immediate legal advice.
Applying without a solicitor
You should write a statement that sets out the:
address and dates of the tenancy
dates and details of previous harassment
exactly what happened when you were evicted, for example, if force was used
where you are staying at the moment
what has happened to any personal belongings
You should also explain why you need an emergency 'without notice' injunction.
Hand this in with your court form and keep copies.
Use Form N16A to ask the court for an emergency injunction.
You can only use this form on its own to ask for an emergency injunction.
You can leave box 7 blank and explain in your written statement and to court staff why you need an emergency injunction. For example, if you have nowhere else to stay.
You can claim compensation (damages) for:
You can do this at the same time as applying for an injunction or as a separate claim.
Your landlord will not have to pay compensation for illegal eviction if the court decides that they reasonably believed that you had left the property.
How much compensation you get depends on:
your tenancy type
how your landlord behaved
The court can order your landlord to pay more if your landlord was violent.
Last updated: 28 July 2022