The following Local Government guidance note Produced in partnership with Laura Tweedy of Hardwicke Chambers provides comprehensive and up to date legal information covering:
This Practice Note explains what unlawful eviction is, how and when it may arise from a civil and criminal perspective, the civil remedies available and potential consequential causes of action, in particular a breach of a tenant’s right to quiet enjoyment.
An action for unlawful eviction arises when an occupier is removed from, or prevented from accessing premises which they are entitled to occupy, without the legally prescribed means being used to evict them.
For most occupiers of land (including tenants and licensees), specific legal procedures are required to bring their interest to an end before an occupier can be evicted. The exact procedures vary depending on the type of agreement pursuant to which the land is occupied, and are beyond the scope of this note. See Practice Note: Obtaining possession of a secure tenancy.
If a person breaches these legal safeguards for residential land, they commit unlawful eviction.
Unlawful eviction can arise by a variety of methods including:
by locks being changed, or
by denial of re-entry of part or the whole of the premises
There are two torts and three criminal offences which are specific to unlawful eviction which are capable of being
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