Unlawful eviction

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Unlawful eviction arises when an occupier is removed from, or prevented from accessing, premises which they are entitled to occupy, without the legally-prescribed method of recovering possession being used.

Unlawful eviction can give rise to various different claims, including (among other things):

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Most recent Unlawful eviction content

Practice notes

Rogue landlords and property agents—database and banning orders

Rogue landlords and property agents—database and banning ordersPart 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to...
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19th Jun
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Rent repayment orders

Rent repayment ordersThis Practice Note looks at the right under the Housing and Planning Act 2016 (HPA 2016) for tenants and local housing...
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19th Jun
Practice notes

Residential tenancies and the Immigration Act—'Right to Rent'

Residential tenancies and the Immigration Act—'Right to Rent'This Practice Note considers the ‘right to rent’ scheme. In England only, prior to...
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19th Jun
Practice notes

Informal occupation of residential property

Informal occupation of residential propertyThis Practice Note looks at potential issues that may arise when occupiers are allowed access to, or remain...
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13th Jun
Practice notes

Protection from eviction and protection from harassment

Protection from eviction and protection from harassmentThis Practice Note summarises the main criminal offences and civil protections against unlawful...
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13th Jun
Practice notes

Unlawful eviction and quiet enjoyment

Unlawful eviction and quiet enjoymentThis Practice Note explains what unlawful eviction is, how and when it may arise from a civil perspective, the...
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12th Jun
Q&As

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in...
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10th Jun
Q&As

After a residential licence to occupy has been terminated, if the occupier continues to reside as a trespasser, can the property owner change the locks peacefully (ie when the trespasser is not present at the property), or do they need to obtain a possession order from the court?

After a residential licence to occupy has been terminated, if the occupier continues to reside as a trespasser, can the property owner change the...
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9th Jun
Q&As

What procedure could be used to remove a family member from his mother’s home in order for it to be sold with vacant possession. He does not pay rent?

What procedure could be used to remove a family member from his mother’s home in order for it to be sold with vacant possession. He does not pay...
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9th Jun
Q&As

Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?

Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?Procedure...
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9th Jun
Q&As

If the owner of a property allowed a family member to take exclusive possession of their property for an undefined period based on a verbal agreement as a gesture of goodwill, taking no rent or monetary payments, does this satisfy an excluded tenancy under section 3A of the Protection from Eviction Act 1977?

If the owner of a property allowed a family member to take exclusive possession of their property for an undefined period based on a verbal agreement...
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9th Jun
Q&As

Is a formal notice to quit required to be served pursuant to the Protection from Eviction Act 1977 before issuing proceedings to evict an almshouse occupant? If so, please confirm the form of notice required.

Is a formal notice to quit required to be served pursuant to the Protection from Eviction Act 1977 before issuing proceedings to evict an almshouse...
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9th Jun
Q&As

In a claim for possession under Part 55 pursuant to a notice to quit under section 5 of the Protection from Eviction Act 1977, are costs capable of being claimed in the proceedings (ie by statement of costs) or do fixed costs apply?

In a claim for possession under Part 55 pursuant to a notice to quit under section 5 of the Protection from Eviction Act 1977, are costs capable of...
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9th Jun
Q&As

When a residential licence has been terminated by the death of the licensor, does the executor of the deceased's estate have a right of access to the property and/or a set of keys? If the licensee has not vacated the property after the expiry of a notice to quit, can the executor of the deceased's estate enter the property?

When a residential licence has been terminated by the death of the licensor, does the executor of the deceased's estate have a right of access to the...
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9th Jun
Q&As

Does a legal chargee have to obtain a court order to enforce an order for sale? The chargor is not in arrears but the whole debt will fall due shortly. Does the chargee have to follow the pre action protocol for possession claims based on mortgage arrears?

Does a legal chargee have to obtain a court order to enforce an order for sale? The chargor is not in arrears but the whole debt will fall due...
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9th Jun
Q&As

A tenant has a long residential lease which is sublet as an assured shorthold tenancy. The landlord forfeited the lease on the basis of non-payment of ground rent, which was due to the ground rent demands being sent to the property but not being passed to the tenant. Is there an argument that the ground rent demands were not validly served? What is the procedure for relief from forfeiture, and which party will be liable for costs of the proceedings generally?

A tenant has a long residential lease which is sublet as an assured shorthold tenancy. The landlord forfeited the lease on the basis of non-payment of...
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9th Jun
Q&As

In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?

In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have...
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9th Jun
Q&As

What is the nature of a lodger's continued occupation in a property, following the death of a resident landlord? Does the exclusion in paragraph 10, Schedule 1 to the Housing Act 1988 fall away on the landlord's death so the occupation could be pursuant to an assured tenancy? Would the lodger be 'excluded' under the Protection from Eviction Act 1977?

What is the nature of a lodger's continued occupation in a property, following the death of a resident landlord? Does the exclusion in paragraph 10,...
Read More >
9th Jun
Q&As

If a licensee, who does not contribute towards rent or bills, was allowed to stay at a property for a week as a gesture of goodwill by a family member, but then did not leave, would a notice to quit need to be served with a notice period of at least four weeks? Would the licensee still be protected under the Protection from Eviction Act 1977?

If a licensee, who does not contribute towards rent or bills, was allowed to stay at a property for a week as a gesture of goodwill by a family...
Read More >
9th Jun
Q&As

Where a landlord has obtained an eviction notice against one tenant in a joint tenancy, what remedies are available to the other tenant?

Where a landlord has obtained an eviction notice against one tenant in a joint tenancy, what remedies are available to the other tenant?Is it...
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9th Jun

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If a rentcharge is shown as being informally exonerated on title information, does this apply to the

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