Unlawful eviction and quiet enjoyment
Produced in partnership with Laura Tweedy of Hardwicke Chambers
Unlawful eviction and quiet enjoyment

The following Local Government practice note Produced in partnership with Laura Tweedy of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Unlawful eviction and quiet enjoyment
  • Unlawful eviction
  • Has the occupier’s right to occupy the land been terminated?
  • How does unlawful eviction arise?
  • Civil or criminal offence?
  • Breach of HA 1988, s 27
  • Defences for breach of s 27
  • Remedy for breach of s 27
  • Assessment of damages under s 28
  • Examples of damages
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.

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.

Unlawful eviction

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.

Has the occupier’s right to occupy the land been terminated?

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,

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